my son who recently turned 18 and has no criminal record was in an altercation...

K

Kiwi

New member
NO more talking to the police or anyone for that matter with out a lawyer. People are notorious for changing there stories the following days. You can consult with a lawyer for "free" ask his advice and what he thinks will happen. Don't tell the lawyer that you cannot afford him just listen to what he has to say. When your son goes to court he will be asked if he needs a lawyer he then will be appointed a public defender.
Don't talk to the police anymore about this case. It will only make things worse for your son.
talk to lawyer. asap
 
...with a cab driver.? There was a dispute over the cab trying to over charge, resulting in cab driver getting out of vehicle and pushing down a minor (under 18). My son told him to leave and the cab driver grabbed my son by the neck and tore the front of his sweater. My son punched the cab driver 2 to 3 times and pushed him back to his cab. The cab driver drove away. Police did show up, questioned everyone and stated that there was not any reason for charges. Told the people that they would speak with everyone involved and sort it out in a few days. After a few days, my son was charged with assault cc266 and the arresting officer who was the same officer that did the initial investigation, said that he felt the people were lying, basically the opposite of what he said that initial night. Can't afford a lawyer. All the people that were there will be preparing statements for him to bring to court on the set date. This is in Ontario Canada. The crown at this time will be submitting for evidence the cab driver's medical records. Is it ok to have the statements of everyone there in court for the plea, which he will plead not guilty. He will plead selflessness as he initially wanted to charge the cab driver along with the boy that was pushed but the police at that time said it wouldn't be necessary and seemed to down play it from what transpired after ward.
* typo....self-defense I mean
 
If your son is charged under a Summary Conviction charge, he would be entitled to retain an Ontario licensed paralegal to represent him. The paralegal will usually cost less then a lawyer. See the Paralegal Society of Ontario website for a list of paralegals in your area. www.paralegalsociety.on.ca You can also go to the Law Society of Upper Canada website to find a paralegal in your area (however the LSUC site only provides a list of names not their area of speciality.)

You or your representative should order disclosure from the crown of all officer's note etc., so that you know the evidence to expect at trial.
 
Does the courts there have a 'duty solicitor' supplied by the government free of cost to those who are unable to pay for one themselves. If so use him.
Frankly, your son doesn't stand much of a chance of dismissal of the charges regardless of what evidence he has. The magistrates habitually believe the police version of events unless there is a lot of indisputable evidence to the contrary. People must be available for court to give evidence.
Best of luck..
 
No statements by anyone are needed at a plea. At an arraignment, all one says is "guilty" or "not guilty." There is no need to announce that the theory of defense is "self-defense" or anything else. BTW, self defense allows PREVENTIVE force, but does not allow retaliation.
 
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