I thougt to post this thread to perhaps have a public opinion on an alleged breach of probation case I am dealing with. I am the accused and was charged with assault and uttering threat and in addition preach of probation. A quick summary, I am the man that was accused despite of wrongful doing. The "victim" my common-law feels terriable to have reacted when the charges were laid.
I don't have any previous charges or a criminal record and I know now the process of dealing this matter was mind boggling. I had almost accepted a plea bargain on a conditional discharge just to have this go away but it was very hard to plea quilty on what was alleged.
A month later I saw her while I was in my car at a street intersection nowhere near the home of the probation order she screamed at me. Then my next court date the crown made me aware this incident is under investigation. (her reason for her having to call the police was because I had told the lanlord I was not paying the rent and also terminated all the utililites under my name).
The I finally accepted to stay away from her and set the assault and uttering threat charges to trail. At this stage our relationship was over.
A week prior to my trial confirmation, police would call my phone to leave her messages. I am assuming they want to subpoena her for the trail.
Then on my trial confirmation date for the assault/uttering threat charges the crown are proceeding with the alleged breach that occured 3 months ago and an arraignment hearing for the breach would be set after the trail for the assault/uttering threat.
The assault/threat charges were stayed because she did not come to trail. Then I pleased not quilty to set the beach charge to trail. On my particular of the beach they added a narrative note from the RCMP that the complainant had called them that she is not attending any trail "avoiding the subpoena".
Somewhere along the time frame and again the police are calling me leaving me messages that they are looking for her.
On the trial date for this breach the court house was very busy . The crown was able to adjourn this trial even me trying to object this decision was impossible. The crown had put a material witness warrant for her. This is were I am confused. First of all I dont know where she is. When my assault charges were stayed I have no probation order with her. The breach allegation would include her and her 2 friends. Numerous lawyers have reviewed my breach particular and all of them feels that the evidence are too weak to procecute with or without her as the main witness. The lawyers feels the crown should never persue this charge as it is a waste of pubic dollar and interestes and yet to put a material warrant for her is un heard of for a minor case qoute from one lawyer this crown is "ruthless".
My questions are;
how many times can the crown adjourn this case without success of abtaining her?
and does her warrant exist if this is stayed of proceeding?
This is a catch 22 situation. what if I am with her(but I am not) how does this effect the proceeding in crowns point of view?
The individual crown handling this is new. I know this because I saw her introducing her self quite often at the court house. Several lawyers wants my business but top dollars they are confident by calling the crown will pressure them to drop this breach charge. Looking at the money require to do so I am hurt that it has to come to this because now I know I should of obtained a lawyer for the assult charges and perhaps the crown would have not charge me with is weak breah charge.
Anyways I am not the best when wrting these things and you can probably tell I am confused but your advice and opinion is valued.
Thank you
I don't have any previous charges or a criminal record and I know now the process of dealing this matter was mind boggling. I had almost accepted a plea bargain on a conditional discharge just to have this go away but it was very hard to plea quilty on what was alleged.
A month later I saw her while I was in my car at a street intersection nowhere near the home of the probation order she screamed at me. Then my next court date the crown made me aware this incident is under investigation. (her reason for her having to call the police was because I had told the lanlord I was not paying the rent and also terminated all the utililites under my name).
The I finally accepted to stay away from her and set the assault and uttering threat charges to trail. At this stage our relationship was over.
A week prior to my trial confirmation, police would call my phone to leave her messages. I am assuming they want to subpoena her for the trail.
Then on my trial confirmation date for the assault/uttering threat charges the crown are proceeding with the alleged breach that occured 3 months ago and an arraignment hearing for the breach would be set after the trail for the assault/uttering threat.
The assault/threat charges were stayed because she did not come to trail. Then I pleased not quilty to set the beach charge to trail. On my particular of the beach they added a narrative note from the RCMP that the complainant had called them that she is not attending any trail "avoiding the subpoena".
Somewhere along the time frame and again the police are calling me leaving me messages that they are looking for her.
On the trial date for this breach the court house was very busy . The crown was able to adjourn this trial even me trying to object this decision was impossible. The crown had put a material witness warrant for her. This is were I am confused. First of all I dont know where she is. When my assault charges were stayed I have no probation order with her. The breach allegation would include her and her 2 friends. Numerous lawyers have reviewed my breach particular and all of them feels that the evidence are too weak to procecute with or without her as the main witness. The lawyers feels the crown should never persue this charge as it is a waste of pubic dollar and interestes and yet to put a material warrant for her is un heard of for a minor case qoute from one lawyer this crown is "ruthless".
My questions are;
how many times can the crown adjourn this case without success of abtaining her?
and does her warrant exist if this is stayed of proceeding?
This is a catch 22 situation. what if I am with her(but I am not) how does this effect the proceeding in crowns point of view?
The individual crown handling this is new. I know this because I saw her introducing her self quite often at the court house. Several lawyers wants my business but top dollars they are confident by calling the crown will pressure them to drop this breach charge. Looking at the money require to do so I am hurt that it has to come to this because now I know I should of obtained a lawyer for the assult charges and perhaps the crown would have not charge me with is weak breah charge.
Anyways I am not the best when wrting these things and you can probably tell I am confused but your advice and opinion is valued.
Thank you
