So how many of you are for longer jail sentences......

afterhours

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And how on earth are you going to prove that? The judge in the pretrial hearings said he did not think the case should go to trial, but that is a non-binding opinion....it is still up to the crown.
you need to define "the goods"
arguably Crown is abusing the process; there is some case law to that effect; it is not necessarily "the goods", just possibly an honest mistake (if it's a young Crown especially).

then again, what a lawyer should have done is send young Crown to talk to a senior about forgetting this crazy thought of influencing a civil case via criminal case.
 

nottyboi

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in fairness, if a lawyer relieved his client from $60K before trial that's pretty prominent
Man you are DENSE!!! That is the point, wait until all the trial prep work and expenses have been incurred, then offer to drop the charges in return for indemnity... How much do you expect a trial to cost? At $500/hour that is only 120 hours.
 

nottyboi

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you need to define "the goods"
arguably Crown is abusing the process; there is some case law to that effect; it is not necessarily "the goods", just possibly an honest mistake (if it's a young Crown especially).
there was no honest mistake...initially an offer was made to drop the charges early in return for indemity... then at the last minute the Crown reneged and tried to steamroll for trial... resulting in the lawyer asking for a continuence and a change of judge bla bla.. yeah I suspect the lawyer was a scumbag as well as about 98% of them seem to be.
 

nottyboi

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you need to define "the goods"
arguably Crown is abusing the process; there is some case law to that effect; it is not necessarily "the goods", just possibly an honest mistake (if it's a young Crown especially).

then again, what a lawyer should have done is send young Crown to talk to a senior about forgetting this crazy thought of influencing a civil case via criminal case.
Go ahead and try and prove "argueably" at the law society.. unless you have an email from the crown saying he is going to use the system to abuse you.. forget it. Asking for civil indemnity is STANDARD PRACTICE.
 

afterhours

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I know of a case in Brampton court where a Crown during pre-trial after agreeing to a joint position on a plea introduced to a lawyer a complainant firm's investigator who asked for restitution for a number of different alleged semi-related thefts (for which there was no charges yet) and Crown intimated that the charges for these thefts will not be laid.
Lawyer told the Crown and investigator basically go fuck themselves and that was the end of this matter.
 

blackrock13

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there was no honest mistake...initially an offer was made to drop the charges early in return for indemity... then at the last minute the Crown reneged and tried to steamroll for trial... resulting in the lawyer asking for a continuence and a change of judge bla bla.. yeah I suspect the lawyer was a scumbag as well as about 98% of them seem to be.
Now we get at the crux of the matter here people. NB hate almost all lawyers; defense attorneys, Crowns and quite possibly judge as they usually were lawyers once. Now the defense attorney is a prominent scumbag criminal lawyer.

What say ye?
 

nottyboi

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I know of a case in Brampton court where a Crown during pre-trial after agreeing to a joint position on a plea introduced to a lawyer a complainant firm's investigator who asked for restitution for alleged thefts (for which there was no charges yet) and Crown intimated that the charges for these thefts will not be laid.
Lawyer told the Crown and investigator basically go fuck themselves and that was the end of this matter.
Well, clearly the lawyer knew the thefts could not be substantiated, but of course you are 100% incorrect. The crown does not get involved UNTIL charges are laid by the police. He may have offered to DROP the charges if restitution was made, but it is up to the lawyer to decide on the strength of his case.
 

afterhours

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Go ahead and try and prove "argueably" at the law society.. unless you have an email from the crown saying he is going to use the system to abuse you.. forget it. Asking for civil indemnity is STANDARD PRACTICE.
I'd love to look at how the release is drafted
"in exchange for the Crown withdrawing the charge I John Doe agree..."
 

afterhours

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Well, clearly the lawyer knew the thefts could not be substantiated, but of course you are 100% incorrect. The crown does not get involved UNTIL charges are laid by the police. He may have offered to DROP the charges if restitution was made, but it is up to the lawyer to decide on the strength of his case.
a number of thefts led to charges but another bunch of thefts have been discovered after the case started
that's how Crown got involved prior to charges being laid
 

nottyboi

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I'd love to look at how the release is drafted
"in exchange for the Crown withdrawing the charge I John Doe agree..."

Probably something to the effect of : In consideration of the withdrawal of all charges the defendant agrees that the matter is closed and agree to discontinue any civil actions bla bla bla....
 

afterhours

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Probably something to the effect of : In consideration of the withdrawal of all charges the defendant agrees that the matter is closed and agree to discontinue any civil actions bla bla bla....
that is like a contract to rob somebody - it's not a valid contract
 

nottyboi

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Now we get at the crux of the matter here people. NB hate almost all lawyers; defense attorneys, Crowns and quite possibly judge as they usually were lawyers once. Now the defense attorney is a prominent scumbag criminal lawyer.

What say ye?
No I don't hate them, but I think the legal system is a massive scam and can deliver equal justice at about 10 cents on the dollar. All the procedures and tactics are a massive waste of energy and money.
 

blackrock13

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No I don't hate them, but I think the legal system is a massive scam and can deliver equal justice at about 10 cents on the dollar. All the procedures and tactics are a massive waste of energy and money.
Boy are you a Debbie Downer. The legal system is a massive scam. Are there any better ones out there? What do you suggest be done. It's all well and good, but if you can't replace it with something else, you're just blowing hot air. I'm paraphrasing Voltares I believe.
 

WoodPeckr

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but if you can't replace it with something else, you're just blowing hot air.
Good jobs would be a start and a good alternative!.....
 
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