Punched, Arrested and Innocent

[cl4]

I wanted to update those that replied. My friend insisted on a trial, since he was innocent. No lie detector test was ever used. His lawyer recieved letters from both his ex and her son stating that there was no hitting and none was ever seen. Basically, they recanted their video taped statement. The Crwon stood up and explained to the judge on the day of the scheduled trial that their case "suddenly and unexpectedly evaporated". There were no charges (as yet) brought by the Crown against his ex.

So, in effect, this man lost months of time with his child, was embarassed, arrested, finger printed and jailed. For nothing. And nothing is happening to his ex for her lies.

Justice?

There is no justice when it comes to Domestics. If you are man and you have a woman who calls the cops you are in trouble. No matter what happened. No matter the truth. No matter nothing. You male= you in trouble. case closed.

Once charged, no matter how weak the case is it will be brought to trial and you lose time, money etc.

The bad news; Most peole plea since tehy want to see their children fast.
Good News: 50% of domestic trials are won.

 

[sahibjee]

I would like to know what happened, did he get his money back.... its a huge pain to go through and there should be a punishment for the liar.

 

[pokeman]

there is no such thing as 'perjury' in Family Court , this isnt an over sight
its a tool , it breeds conflict (also known as billable hours to some lawyers) and opens a loophole where if ( for example ) the court prefer's one sex over the other the tool can be used to confront and expose the liar or simply ignore it;

maybe some else has a better explanation, personally I saw the above executed flawlessly in an Alberta courtroom.

so, i cant see a court allowing verification of whom is telling the truth or not as the system is already setup to allow lies cause sometimes it makes the courts life alot easier to deliver insane rulings ...

 

[beebie]

Hey Pokeman it is executed flawlessly in Alberta courtrooms about ten or twenty times a day.

The woman will get all kinds of assistance but the accused man...nothing except maybe duty counsel 2 minutes before court.

Lucky for this guy, his child was old enough to testify that nothing happened.

And Maggie is right...the well funded domestic shelters are like those Al Qaida madrasas teaching the newbs how it is done.

Thank goodness there are a few judges out there who uphold the law and do their best to prevent an utter miscarriage of justice.

 

[hadenough]

The police are mandated to make an arrest when there is probable cause. Yes, she can get in trouble for giving a false statement to police. The last thing he should do at his court appearance is enter any sort of a guilty plea. He needs to stick to his version (presumably truthful) of events. I don't think a polygraph will help and I'm pretty sure he can't make her take one. If this is a first offense and the charges stick, he can apply for a conditional discharge in a few months. He's not going to get jail time and he should not contact her at all as there's likely a "no contact" order at the moment. What a mess. Reminds me of my situation only I wasn't lying to the police - he was. He got charged w/assault and uttering a death threat. He entered a guilty plea (although continued to tell everyone that he was "set up". Then the crown dropped the assault charge (I now regret not attending his court appearance) and entered a guilty plea on the death threat. 9 months later the Dbag got a conditional discharge.