Yes and no. One of the false charges against me ended in a charge of Criminal Mischief being laid against the complainant.
Can't say as I know how that played out.
Thank you, I know many good people who have done stupid things in the heat of the moment. It doesn't make them innocent, or a troublemaker.
The courts will look at whether or not a conviction and a punitive sentence are in the publics interest. The latter is key. A good defence attorney will look for diversion programs, counseling or a good fight, depending on what he believes is the best course of action.
Of course that depends on the honesty between the client and the attorney. And honesty is quite important. I can't tell you how often a defendant blames his attorney, for losing, but wasn't open and honest with his/her attorney.
An defence lawyer can not prepare a defence for what he does not know.
The police have to way the interests of public safety. They take assault and sexual assault, EXTREMELY serious. Especially when there are minors involved. And rightly so.
Again, we come to the fact, that if they don't act, and the alleged assailant commits further acts of violence. The public interest isn't being protected, the Officer faces not only his conscience, but possibly the affects of an investigation into his conduct.
A good Officer will always err on the side caution.
This is true, but as I mentioned earlier, an arrest record is not part of the expunging process, when a Youthful Offender reaches the age of 18. The onus rests upon him/her to petition the courts to have it removed.
It won't show up on most cursory criminal searches, because the arrest record is only recorded in the jurisdiction in which he/she was arrested.
But if you intend on a career in the military, a job that requires you to be bonded, or a career working with kids, it will show up.
Upon arraignment, a Recognizance to keep the Peace or a Recognizance of Bail, will be issued.
It will highlight the conditions under which the accused must behave. It will usually contain a list of additional conditions, handed down by the Crown, specific to the case before the courts, ie; persons/places of work or residence to be stayed away from, and other restrictions meant to protect the alleged victim from retribution.
Or he/she could be placed under a termed Peace Bond.
Gotchya. Thanks.
