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Was police right or wrong?

Can this guy sue police for their improper action as:
1) the damage is obviously less than $5000, but they estimate it exceed that amount, then put him into the criminal code
2) if the amount is less than $5000 and the guy was very co-operative all time, can police cuff him at the spot and all time at the office?
3) police called his employer at the time and cause him lost job. Is this against Privacy Act?
If all above prove police did wrong, is it possible the case will be dismissed?
Thanks for your help.
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Replies, comments and Discussions:

  • 枫下茶话 / 法律 / criminal code
    My friend got summon from the court that he had Mischeif and against the criminal code section 430 (3). Please advise what should he do? Thanks.
    • 好象是损坏财产
      • Could you please tell where can he get free lawyer support because he is just a student (over 21 year old).
      • Could you advise what result to him and how to solve this problem with minimum trouble? Thank you so much.
        • Sorry I don't know much about the legal system here although I'm in Canada for a long time. Try to call any lawyer office for consultation.
      • 关于量刑,取决于是否故意,损失大小,有无人身危害,是否初犯等等因素。如果按上述标准都是最轻的,可以plea guilty,会得到法庭原谅(unconditional discharge),但是犯罪记录会保留3年。
        这种情况就不必请律师。法庭门口都有实习律师为轻微犯罪者提供无偿法律谘询和辩护。你和朋友可以先去那问问这罪有多重,是否要请律师。

        如果严重就要请律师了。最严重的是直接或间接地损害了他人的健康,会被公诉,不能撤诉。其次是损失超过5千。如果有可能(如不属于故意,没有人身危害),可以请律师与检查官商量私了-如数赔偿损失并且道歉,交换条件是原告撤诉。

        怎么会搞成这样,你的朋友当时没喝多吧?
        • He is bad temper guy. Don't know details yet. Thank you very much for your advise. Will consult you later after I got enough information. By the way, I found Ontario Legal aid web site and will let him contact them.
        • He kicked the bump of somebody's car and made a hole because that guy occupied the parking space when he was waiting. The car is old american one. This is his first time to do it. Is the problem serious? Thanks.
          • If he did that with a good reason (the victim stole his parking spot first causing the dispute) the case may be dismissed at the court. Again, go to the court room, a student lawyer there will at least provide him
            with some opinions and options.

            This is minor offence. I GUESS if he is clean with no previous criminal record, at the worst, plea guilty and receive unconditional discharge. But that will leave him a criminal record for 3 years. At the best, the court find the other party was at fault as well, drop the charge, order him to pay the damage.

            Do not afraid of talking to a lawyer. Any lawyer will provide initial consultation (no more than a half an hour) for free. Do some home work before seeing a lawyer, such as detailed description of the case, police report, court documents, his own argument, any evidence, eye witness against the other party or proving his innocence, questions he wants to ask...
            • You are real professional and nice helper. Thank you again.
        • Was police right or wrong?
          Can this guy sue police for their improper action as:
          1) the damage is obviously less than $5000, but they estimate it exceed that amount, then put him into the criminal code
          2) if the amount is less than $5000 and the guy was very co-operative all time, can police cuff him at the spot and all time at the office?
          3) police called his employer at the time and cause him lost job. Is this against Privacy Act?
          If all above prove police did wrong, is it possible the case will be dismissed?
          Thanks for your help.
        • He went to legal aid office and the officer there told him this case is not acceptable to apply legal aid because it is too small. Does he still need a lawyer or just go to the court by himself? Thanks.
          • 法律援助是给杀人放火的人预备的。你去法庭门口的实习律师那问一问,不要钱的!至少可以将over 5k改为under 5k,两者量刑区别很大。我们在法律知识这方面也都跟你差不多-二百五,再帮不上多大忙的。
            • Sorry to bother you again. He went to court this morning but can not find any lawyer for practice for free because they are not marked. Could you please provide such lawery to help? Thanks.
    • Effect of a criminal record - How can a conviction hurt you?
      本文发表在 rolia.net 枫下论坛Effect of a criminal record
      How can a conviction hurt you?

      A criminal conviction or even a discharge - where you're found guilty but not convicted - could restrict your ability to travel abroad. Some countries, including the United States, could refuse you entry.

      If you are a visitor to Canada, for example, on a student visa or temporary work permit, any criminal conviction could result in your deportation. A landed immigrant convicted of a crime might have to wait several more years before being allowed to apply for citizenship. If the crime is serious, even a landed immigrant may be deported.

      A criminal record could prevent you from obtaining a licence to work in a chosen field. Many professional and vocational bodies require that their members be of "good character" and may reject applicants convicted of certain crimes. For example, the Architects Act of Ontario provides that an aspiring architect could be denied a licence if his or her past conduct "affords grounds for belief that the applicant will not engage in the practice of architecture in accordance with the law and with honesty and integrity."

      A conviction, or even a finding of guilt, involving theft, fraud or other crime of dishonesty could bar you from work in an industry where you have access to other people's money or property such as banking, retailing, transportation, or cleaning.

      A conviction for a crime involving violence or threats could result in your being refused a firearms acquisition certificate (FAC) or licence for the use of a firearm, such as a hunting licence.更多精彩文章及讨论,请光临枫下论坛 rolia.net
      • Thank you very much for your information. However, could you please answer my previous post as well because it is important how to judge it as criminal or just a imporper action.
        • How old is your friend?
        • I am not an expert in this, I strongly suggest your friend seeking legal aid from professionals, in case of Indictable offences , criminal record will be kept for 5 years and
          the convicted need apply for pardon(to parole office) to purge his/her record.
      • My simple question is; If police did wrong at that day, can he ask for dismiss the case?
        • your friend need to prove it on court and judge/jury will decide, ask in here is waste of time. your friend need a laywer.
          • Yes, he will go to lawyer, but he try to get advice here to fresh his mind first.