Canadian Law - Help, please and thank you.

Zylka · June 12, 2003, 23:55

My parents have decided to drop recently mentioned charges against me, and upon today telling the police (who have been eagerly pressuring them into charging for the past week) - they responded that "The charges have already gone through", and that there is no way out and my court date stands.

I call bullsh*t, personally - of course a minor bit of paperwork like this can be legally addressed before the court date, correct? I wouldn't be so quick to think that, had the officers I was dealing with that night shown competent understanding of the law by answering my questions, rather than saying "I don't know really, now stop bugging me with questions or we'll find something big to charge you on"

Please tell me they're lying... and if so, what do I do to grab these corrupt quota filling morons by the balls?

notyoueither · June 12, 2003, 23:58

1. Change your avatar.

2. The police do not need a complaint to file charges in Canada. I'm not sure if this applies in all cases and to all charges, but it is true for some. OTOH, what they can do to you if your parents show up and say it was a misunderstanding is another thing all together.

3. Get a lawyer.

Asher · June 12, 2003, 23:59

Quote:

Originally posted by Zylka
My parents have decided to drop recently mentioned charges against me, and upon today telling the police (who have been eagerly pressuring them into charging for the past week) - they responded that "The charges have already gone through", and that there is no way out and my court date stands.

I was taught in my Legal Studies class that one of the differences between the US and Canada is the police press charges in Canada, not victims.

Zylka · June 13, 2003, 00:05

Luckily I can't afford a lawyer. So while an as*hole, high school drop out, hard dealer old "friend" of mine who drove drunk without a license or insurance and into someones living room gets away with it, the cops eagerly harrass the naive parents of a poor, working, 3.6 GPA university student into a comittment that can't be retro-fitted? This might be possible due to the fact that he ASSAULTED AN OFFICER and ran away from the scene after.

Gotta lock the bad ones up, right?

notyoueither · June 13, 2003, 00:10

ASSAULTED AN OFFICER? It gets better... You're toast. Get a legal aid lawyer.

Zylka · June 13, 2003, 00:13

I'm not the one who assaulted an officer, that was buddy who got away because he had a high priced lawyer. Funny that one might see this kind of thing as the making of severe distaste for the state. Oh well, I'm harmless for now

MichaeltheGreat · June 13, 2003, 00:19

Quote:

Originally posted by Asher

I was taught in my Legal Studies class that one of the differences between the US and Canada is the police press charges in Canada, not victims.

The District Attorney or United States Attorney (at Fed level)can charge for any crime in the US, but usually don't bother if victims refuse to do so, unless they're confident that they'll have enough evidence to convict without cooperation of the victim.

Zylka · June 13, 2003, 00:43

I get a "final say" type thing after being convicted, correct? Is there a time limit to my ranting?

MichaeltheGreat · June 13, 2003, 01:00

It depends on whether the judge pronounces sentence before or after your rant.

Zylka · June 13, 2003, 01:02

Well I'd let the ruling come before, obviously

MichaeltheGreat · June 13, 2003, 01:55

In general, it's better to consider that when in court, you may as well be in front of God Almighty on judgment day, because that's about where the balance of power falls.

Running your mouth may make you feel good momentarily, but pissing off judges is a no-win situation. I don't know if they can issue summary contempt judgments there, but in traffic court here in the US, I've seen idiots run their mouths off and earn themselves jail time for not shutting up when told, or just being particularly insulting.

notyoueither · June 13, 2003, 02:12

MtG, this is/was part of the Empire. More precisely, this is the Texas of Canada. That may answer your doubts about what happens when you run your mouth at a judge in these parts.

No Roy Beans. Don't need 'em.

Zylka · June 13, 2003, 02:13

No insulting or red in the face banter; I just want to voice my discontent in a rather well spoken, yet lengthy period of mock debate. I imagine it would piss them off just as well, but if I can keep them in that room and feeling guilt/worry beneath desperate rage for 54 hours or so, I'll do so.

MichaeltheGreat · June 13, 2003, 02:21

You're likely lucky if you get three minutes. Better try to fit it in one or two. Otherwise, you're gonna swing, boy.

Zylka · June 15, 2003, 00:44

Well - it looks as if it's going to court, where the judge will tell the officers who arrested me and told my parents they had to give a statement when they didn't want to (or have to), to stop wasting his/her f*cking time. I get to happily stare at said officers while this takes place: Looks like bad things happen to bad people, after all

Cruddy · June 15, 2003, 01:15

Well Zylka, although it has no bearing on your personal case, I can see one good side to the Canadian way of doing things.

Here in the UK a lot of anti-social small crimes get dropped, because the defendants (or their thug accomplices) go round to the witnesses and get heavy with them.

That's no point in doing that with the Canadian system - so although it's failed in your case, it may have succeeded in a lot of other cases.

I really, really wouldn't bother saying anything in court other than what is ncessary. It will only have a negative impact. It might make you feel better for 3 seconds - and you'll probably regret it for the rest of your life.

Your call though.

Zylka · June 15, 2003, 01:33

No - I've cooled down, and am content having the case thrown out for the officers not playing by the rules

Shi Huangdi · June 15, 2003, 01:43

What exactly are you charged with z, at what is the possible sentence?

Maybe if you play the innocent good but hardworking college student who made a dumb mistake they will have mercy on you.

Zylka · June 15, 2003, 02:11

AGAIN... the case is likely going to be thrown out, and if not - that is exactly what I'll "play". It's not like I'm that bad overall anyway, I generally stick to the law and keep my illegalities small and personal

techumseh · June 15, 2003, 02:38

So.... just wondering. Is your admission of guilt on 'Poly, admissible evidence in court?

Zylka · June 15, 2003, 03:01

Or my admission of guilt to the officers through my statement? Keep wondering, moron

Tingkai · June 15, 2003, 13:16

Another poor little Zylka thread.

Before he was blaming his parents, now its the evil cops.

Not only that, he plans on doing a rant in court about how he's just being persecuted by these cops who don't play by the rules.

That'll be good. I was a court reporter for over a year and people who go on a rant are always good for a laugh. They usually end up incriminating themselves without realising it. And they're always good for demonstrating the myth of the criminal mastermind.

So far Zylka has told us:
1) He took his parent's van without permission (read stole it), when he knew he's not insured to drive it (meaning his parents specifically told him not to drive it).
2) He took the van so he could do a drug deal.
3) He used a screwdriver to start the van because the ignition had been jimmied when it was previously stolen.
4) His drug deal gets interrupted by campus security.
5) The buyer takes off with Zylka in the car, but instead of running away, Zylka returns to the van with illegal drugs in his pocket. A classic smart move.
6) Campus security has no proof that Zylka stole the van or that he was the driver, but Zylka actually gets in the van and tries to start it with a screwdriver while they're watching.

(That's the funniest bit of all).
7) He then tries to run away, just as the cops arrive to nab him.

I can just see him trying to explain this one in court.

He'll get lots of sympathy from the judge when he starts ranting about how the cops.

I'll give you five to one that if Zylka goes on a rant, he'll end up to confessing that he was doing a drug deal.

Urban Ranger · June 15, 2003, 13:45

Can any of us volunteer to witnessing Zylka confessing his own guilt on 'Poly?

Zylka · June 15, 2003, 14:26

Quote:

Originally posted by Tingkai
Another poor little Zylka thread.

Before he was blaming his parents, now its the evil cops.

Not only that, he plans on doing a rant in court about how he's just being persecuted by these cops who don't play by the rules.

That'll be good. I was a court reporter for over a year and people who go on a rant are always good for a laugh. They usually end up incriminating themselves without realising it. And they're always good for demonstrating the myth of the criminal mastermind.

The case is being dropped. Add another to the list who seem to go by this line I repeat being invisible

Quote:

So far Zylka has told us:
1) He took his parent's van without permission (read stole it), when he knew he's not insured to drive it (meaning his parents specifically told him not to drive it).
2) He took the van so he could do a drug deal.

Yep. Boo hoo, eating babies next - right?

Quote:

3) He used a screwdriver to start the van because the ignition had been jimmied when it was previously stolen.

OH NO! The law abider would have crossed the f*cking wires? What's your point on this one???

Quote:

4) His drug deal gets interrupted by campus security.
5) The buyer takes off with Zylka in the car, but instead of running away, Zylka returns to the van with illegal drugs in his pocket. A classic smart move.

Legal drugs. Read much?

Quote:

6) Campus security has no proof that Zylka stole the van or that he was the driver, but Zylka actually gets in the van and tries to start it with a screwdriver while they're watching.

(That's the funniest bit of all).
7) He then tries to run away, just as the cops arrive to nab him.

I don't give a f*ck what they see me doing as long as it's legal and a possible promotion of my getting away safely. You wouldn't last a minute in the real world, cupcake.

Then I try to "run away" - which was legal but in the end avoided upon my own decision? Again - do you know how to read properly, or is that a crime against the state in China too?

Quote:

I can just see him trying to explain this one in court.

He'll get lots of sympathy from the judge when he starts ranting about how the cops.

I'll give you five to one that if Zylka goes on a rant, he'll end up to confessing that he was doing a drug deal.

THE CASE IS BEING THROWN OUT, REMEMBER? :loll0LOL! :LOL!

Zylka · June 15, 2003, 14:28

Quote:

Originally posted by Urban Ranger
Can any of us volunteer to witnessing Zylka confessing his own guilt on 'Poly?

Do you expect me to lie under oath contrary to my initial confession to the police? Are you a f*cking idiot? Are all Chinese??? JUST WONDERING!

Ming · June 15, 2003, 14:30

Zylka.... CHILL

Cruddy · June 15, 2003, 14:37

Quote:

Originally posted by Urban Ranger
Can any of us volunteer to witnessing Zylka confessing his own guilt on 'Poly?

Don't you have to be of legal age and of sound mind?

That's just about all `Poly posters disqualified.

Tingkai · June 15, 2003, 20:53

Quote:

Originally posted by Zylka
Well it looks as if it's going to court
....
AGAIN... the case is likely going to be thrown out
....
The case is being dropped. Add another to the list who seem to go by this line I repeat being invisible

Zylka boy, you really need to get your story straight.

Quote:

Originally posted by Zylka
OH NO! The law abider would have crossed the f*cking wires? What's your point on this one???

No, actually a person who obeys the law would not have started the van. Newsflash to Zylka: driving without insurance is against the law. Taking something without permission, and when you have been told not to take it, is against the law. It's called theft.

Quote:

Originally posted by Zylka
Legal drugs. Read much?

Legal, eh? These were the $150 worth of drugs that you trying desperately to get rid of before the cops arrived. The drugs you were trying to sell in a parking lot late at night.

So tell us, what were the drugs. This should be good for a laugh.

Quote:

Originally posted by Zylka
I don't give a f*ck what they see me doing as long as it's legal and a possible promotion of my getting away safely.

You still don't get it.

Did the van belong to you? No.
Did you have permission to use it? No.
Did the owners know you were using it? No.
Can you say stolen.

Did you have insurance to drive the van? No.
Can you say illegal?

Now the cops normally don't waste time with kids taking their parents car, but you were using a screwdriver to start the car, and you were trying to run away (another brilliant move) and that tends to make cops think that you managed to get away with doing something illegal. That's why they charged you.

Quote:

Originally posted by Zylka
Then I try to "run away" - which was legal

It wasn't legal. The campus security set you up and you fell for it.

They had no proof that you stolen the car until you volunteered to get in the car and try to drive it away. Not only that, you actually ask permission.

The security guards became witnesses to your crime the second you tried to start that van.

And you still don't get it.

Urban Ranger · June 16, 2003, 00:08

Quote:

Originally posted by Zylka
Do you expect me to lie under oath contrary to my initial confession to the police?

Is there something wrong with your ability to comprehend written English?

Quote:

Originally posted by Zylka
Are you a f*cking idiot? Are all Chinese??? JUST WONDERING!

It is exactly this sort of behaviour that fails to garner you any goodwill here.

Zylka · June 16, 2003, 02:03

No, I'd say your hoping I'm incriminated for the personal behavior which hurts no one but myself is a little more than oddly vindictive. I've failed to garner goodwill of the hard left and the Chinese on poly - OH NO!

TK baby - You still don't get it. I'm going to walk this week, and I'll tell you when it happens. G'night from the land of competent understanding