Legal Information Please
- Thread starter Fudd
- Start date
Any idea how they decide which charge? Do they look at your background and if they don't like you do they bump up the charge? For example like past arrest for previous protest incidents? Do they keep records if in the past you have been temporarily detained but released with out charge?
If I may make a request...
Can you please learn more about current politics before protesting...you guitarded, half-wit, granola asshole?
Can you please learn more about current politics before protesting...you guitarded, half-wit, granola asshole?
Can you please learn more about current politics before protesting...you guitarded, half-wit, granola asshole?
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wow.
Don't know about your other questions but yes, unless you were a minor when the arrest took place, they definitely keep that information on record.
Fudd,
The charge is "Assault PC" or Assault of a Police Constable and it is more serious than simple assault of a citizen. There may be a possible obstruction of justice charge if you were impeding the police from doing their job or if you hit an officer with the sign if he or she was trying to apprehend another protestor and I guess only if they want to be jerks and you're not co-operating with them and being cocky with them.
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Assaulting a peace officer
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
R.S., c. C-34, s. 246; 1972, c. 13, s. 22; 1980-81-82-83, c. 125, s. 19.
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The obstruction may be already covered in this offence, and if you have no prior arrests and/or convictions, it will probably only be (b) an offence punishable on summary conviction.
If you resited arrest the following is the statute that embodies this offence.
***************************************
Offences relating to public or peace officer
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
R.S., c. C-34, s. 118; 1972, c. 13, s. 7
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It seems from your last post that they haven't charged you with anything specific yet. Did they detain you? Better question, what transpired? What do you mean by "bump up the charge?"
I think it's safe to say that you're on one or more of their databases. An arrest is always recorded, even though the charge was dismissed or dropped. It's on record for officer safety when they pull you over, so they take more precautions, ie call for another unit to be on the safe side. My guess is that if you are arrested and charged and succesfully convicted of assault PC, any future dealings with police will not be very pleasant because they now know you have a history of assaulting them. Expect to be handcuffed when detained for investigative detention, such as when searching your vehicle or person (if you give consent), or when they have strong reason to believe that an offence has been committed by you, all in the name of officer safety. Getting pulled over for traffic violations will also be handled with more precautions and you will not likely get a good reception. No cop likes guys who beat on their colleagues.
If I were you I wouldn't talk to the cops until you talk to a lawyer first...you should always do that anyway. And, as always, I would take my and other members' advice with a HUGE grain of salt as, I at least, am not a lawyer.
I just hope you get a break, because really, you just set out to do a good thing.
I would, however, avoid assaulting cops in the future if I were you. It's really not a nice nor a smart thing to do.
Peace bro,
Panther
The charge is "Assault PC" or Assault of a Police Constable and it is more serious than simple assault of a citizen. There may be a possible obstruction of justice charge if you were impeding the police from doing their job or if you hit an officer with the sign if he or she was trying to apprehend another protestor and I guess only if they want to be jerks and you're not co-operating with them and being cocky with them.
***************************************
Assaulting a peace officer
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
R.S., c. C-34, s. 246; 1972, c. 13, s. 22; 1980-81-82-83, c. 125, s. 19.
**************************************
The obstruction may be already covered in this offence, and if you have no prior arrests and/or convictions, it will probably only be (b) an offence punishable on summary conviction.
If you resited arrest the following is the statute that embodies this offence.
***************************************
Offences relating to public or peace officer
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
R.S., c. C-34, s. 118; 1972, c. 13, s. 7
**************************************
It seems from your last post that they haven't charged you with anything specific yet. Did they detain you? Better question, what transpired? What do you mean by "bump up the charge?"
I think it's safe to say that you're on one or more of their databases. An arrest is always recorded, even though the charge was dismissed or dropped. It's on record for officer safety when they pull you over, so they take more precautions, ie call for another unit to be on the safe side. My guess is that if you are arrested and charged and succesfully convicted of assault PC, any future dealings with police will not be very pleasant because they now know you have a history of assaulting them. Expect to be handcuffed when detained for investigative detention, such as when searching your vehicle or person (if you give consent), or when they have strong reason to believe that an offence has been committed by you, all in the name of officer safety. Getting pulled over for traffic violations will also be handled with more precautions and you will not likely get a good reception. No cop likes guys who beat on their colleagues.
If I were you I wouldn't talk to the cops until you talk to a lawyer first...you should always do that anyway. And, as always, I would take my and other members' advice with a HUGE grain of salt as, I at least, am not a lawyer.
I just hope you get a break, because really, you just set out to do a good thing.
I would, however, avoid assaulting cops in the future if I were you. It's really not a nice nor a smart thing to do.
Peace bro,
Panther
The police make a report to Crown Counsel who make the ultimate decision whether to lay the charge. I would think that striking a police officer is a given that charges will be laid.
Depends, sometimes the Police will submit a higher charge and the Crown can reduce the charge without rereading your Charter Rights. For example, they would charge you initially with Assault with a weapon and when the Crown reads the report, the Crown can lower the charge to Assault.
Were you arrested at scene and released?
Or were you arrested and remanded in jail?
If the Police didn't read your Charter Rights to you and arrested you and released you afterwards you really shouldn't worry. But, they can always issue a Summons afterwards.
Hope you learned your lesson, you are lucky you weren't tasered.
Kat, I have never agreed with a single thing you have ever said on this board... Until now!!Can you please learn more about current politics before protesting...you guitarded, half-wit, granola asshole?
Good call dude!
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Our justice system is a joke
Since our justice system is created to protect the rights of criminals, and its notorious for setting free murderers, drug dealers, and all sorts of career criminals, seriously, is there really anything Fudd needs to worry about?
Since our justice system is created to protect the rights of criminals, and its notorious for setting free murderers, drug dealers, and all sorts of career criminals, seriously, is there really anything Fudd needs to worry about?
protests are the worst time to get arrested ... particularly if youSince our justice system is created to protect the rights of criminals, and its notorious for setting free murderers, drug dealers, and all sorts of career criminals, seriously, is there really anything Fudd needs to worry about?
protest something the government supports or the capitalists support
and in the case of China nuking Tibet, you can bet your ass the
government supports it!
Fudd should just get a good lawyer and be prepared to grovel ... also,
talking to civil liberties association may help as well ... and they may
recommend lawyers to help him.
Shooting a lowlife, running over a doctor or axing someone into a
wheelchair will get you a slap on the wrist ...
protesting something this fascist government supports will get you
a nice gulag to write your memoirs ...
ask the little old lady who got more JAIL TIME than the axe-swinger
for protesting a highway to Whistler for the rich!!!
Yeah, democracy ... Heil Gordo!
I'm a guy...Kat, I have never agreed with a single thing you have ever said on this board... Until now!!
LOL, I knew that!I'm a guy...
These are the little brainfarts that slip through from time to time when you have to wake up @ 4am every morning for work haha.Either way, it was still a good call
Good advice, but I'm sure the police have already informed him of legal aid, considering they have to inform him of his rights. Plus legal aid is not a sure fire way of winning, to put it mildly.Can you say "Legal Aid?"
Here, I'll even give you the link...
http://www.lss.bc.ca/legal_aid/reg_centres.asp
He also doesn't qualify if he makes more than $36,000 a year net. Legal Aid is not for everyone.Panther
Police may have to inform Fudd of his rights, including the right to a lawyer, but that does not mean they have to direct him to legal aid. That usually happens when he makes his first appearance, if he gets charged. But, Fudd if you are really nervous about this, call the Law Society referral service. They will send to the appropriate lawyer, in this case a criminal attorney, for a consultation. Costs $10.00 for a half hour. If you have something to worry about he'll tell you, if not he'll tell you that too.
As to hitting cops with a protest sign, that's stupid. Next time use a bat and make it worth your while. If you're going to fu*k up at least do it right.
As to hitting cops with a protest sign, that's stupid. Next time use a bat and make it worth your while. If you're going to fu*k up at least do it right.
Not all cops carry Tasers. They have to take a special course in their proper use. Fudd was lucky he hit one that didn't carry one, although I'm thinking that the handcuffing was not the most pleasant experience for Fudd.
And you're right, it's just plain stupid to hit a cop, not to mention that in his case it's also hypocritical.
Panther
