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Are you considering a plea deal for a domestic violence charge?

Part 7

Feel free to browse my series about domestic violence:

Part 1: False Allegations of Domestic Violence 

Part 2: False Allegations of Domestic Violence 

Part 3: False Allegations of Domestic Violence

Part 4: False Allegations of Domestic Violence 

Part 5: False Allegations of Domestic Violence

Part 6: False Allegations of Domestic Violence 

Accepting a plea deal can have serious consequences for those who believe they were wrongfully accused of domestic violence. Often these men are not aware of the difference between an absolute discharge or a conditional discharge or for that matter even a peace bond.

The first two are very important, in that the individual will be formally accepting responsibility by pleading guilty in a court of law.

Despite, the fact they received a discharge from the crime, the fundamental concern here is that they have formally accepted responsibility. This becomes very worrisome for those men who end up going back to the false accuser.

Now, they are in a very dangerous situation and their partner is well aware of the odds being in her favor. Many men who have received criminal discharges or peace bonds have reported that their partner threatens them on a regular basis that she will phone the police again.

If the police arrive again for a call of domestic violence this will have dire implications for the man involved.

While a peace bond does not have the same implications it does alert the Crown and the cops that this individual was charged previously.

In a situation of false allegations of domestic violence one needs to ensure they receive a clear withdrawal of the criminal charge or an acquittal.

Call me today if you have been charged with domestic violence. 

Call: 416-505-4901

My Burlington law office address: 901 Guelph Line, Burlington, Ontario 

File Sharing in Canada: The Legal Phenomena that is The Pirate Bay

Are you watching media content illegally? Do you even care?

Bit Torrent technology is unfamiliar to many. However, it is used by millions worldwide including right here in Canada. In fact, at one point in 2004 Canada had the highest number of file sharers based on the population.

Chances are there is someone you know that uses bit torrent technology also referred to as torrenting. A user can download almost any movie or television show within minutes in crisp high definition format.

One of the largest torrenting sites on the internet The Pirate Bay has continued to evade local law enforcement authorities despite mounting lawsuits, sanctions and even imprisonment. The Pirate Bay remains open with content updated hourly. The Pirate Bay and the internet suggests that it is one of the most visited sites on the internet. The Bay as it is also referred to enjoys enormous fan support with a cult like following this has caused The Bay to cast itself as a modern day Robin Hood of sorts. There is even a documentary about The Bay, called TPB AFK: The Pirate Bay Away From Keyboard. AFK being a popular acronym amongst on-line gamers.

What implications does and will file sharing have in Canada? Should the entertainment industry revamp its practices and accept bit torrent technology? The popular hit series Games of Thrones has been described as one of the most downloaded shows on the internet.  In realizing this, HBO’s new strategy for the upcoming 2016 series is to offer streaming services.

In any event, we have come a long way since Napster. It’s time for large media outlets to start embracing bit torrent technology and finding ways to capitalize from it versus wasting their resources fighting it.

Call our law office today to speak with one of our Burlington civil litigation lawyers.  We provide civil law services in Halton and Burlington. 

PH: 416-505-4901

901 Guelph Line, Burlington, ON 

Have you been falsely accused of domestic violence?

Please review my series on being wrongfully accused of domestic violence:

Part 1: False Allegations of Domestic Violence 

Part 2: False Allegations of Domestic Violence 

Part 3: False Allegations of Domestic Violence

Part 4: False Allegations of Domestic Violence 

Part 5: False Allegations of Domestic Violence

Part 6: False Allegations of Domestic Violence 

It is not uncommon once criminal proceedings commence for domestic violence that the complainant or in other words false accuser will try to renege on her statements. Early in the proceedings some will contact the officer in charge and advise that the entire situation was a misunderstanding or that they don’t want the charge to proceed. By this time its too late, the cops can the move forward with the charge. Later in the criminal proceedings it becomes the Crowns decision.

At some point Victim Services will contact the complainant. The complainant might express their desire for the criminal charge to be withdrawn and or for them to have the ability to contact their male partner. In many of these situations Victim Services will do very little. Moreover, Victim Services will simply presume that the complainants’ desire to renege are the result of emotional duress and or physical abuse and threats by the accused who has been wrongfully accused of domestic violence.

Any official or unofficial statements made by the complainant will form the basis for the case against the individual charged. As a result, later if the complainant wishes to renege on her statements it becomes problematic.

The Crown Attorneys office is the point of contact once the matter proceeds to court. The Crown Attorney has the discretion and jurisdiction to simply make the matter go away. However, in many situations the Crown Attorneys office will be reluctant to simply have the charge withdrawn completely.

Often, even where the complainant has reached out and advised that she will not participate in the process the Crown Attorney will continue to keep the charge active. Thus, the wrongfully accused individual will not be able to walk away.

Call our law office today to speak with one of our Burlington Criminal Lawyers.  We provide criminal law services in Halton and Burlington. 

PH: 416-505-4901

901 Guelph Line, Burlington, ON 

The tort of malicious prosecution

Tort law allows an individual to sue for such things such as, wrongful imprisonment, false arrest, false imprisonment and malicious prosecution.

Feel free to browse my section on false arrest.

In order to be successful in this type of civil lawsuit Mr. Ghomeshi would have to prove the prosecution was:

1. Initiated by the defendant;
2. Terminated in favour of the plaintiff;
3. Undertaken without reasonable and probable cause;
4. Motivated by malice or a primary purpose other than that of carrying the law into effect.

These factors are from the Supreme Court of Canada case called Miazga v. Kvello Estate.

Factors 1 and 2 would certainly be in favour of Mr. Ghomeshi. Factors 3 and 4 would require a critical assessment. This is where the trial judges’ decision is so important and the testimony of the complainants since there was no “smoking gun”.

I have no hesitation in concluding that the quality of the evidence in this case is incapable of displacing the presumption of innocence. The evidence fails to prove the allegations beyond a reasonable doubt.

Tort lawsuits for malicious prosecution are always challenging and the state typically mounts an aggressive civil defence. Whether or not Mr. Ghomeshi will consider his civil legal options could be contingent on the outcome of any other cases pending against him.

Call our law office today to speak with one of our Burlington Criminal Lawyers.  We provide criminal law services in Halton and Burlington. 

PH: 416-505-4901

901 Guelph Line, Burlington, ON 

Have you been wrongfully accused of domestic violence?

PART 5
Please review my series on being wrongfully accused of domestic violence:

Part 1: False Allegations of Domestic Violence 

Part 2: False Allegations of Domestic Violence 

Part 3: False Allegations of Domestic Violence

Part 4: False Allegations of Domestic Violence 

Part 5: False Allegations of Domestic Violence

Part 6: False Allegations of Domestic Violence 

How is an allegation considered false? This is where things start to get messy. I have mentioned before that law enforcement seem to take almost a default position when attending to a call for domestic violence.

In some situations men have reported that their female partner was physically attacking them, by punching, kicking and scratching their face. Worse, where some have had knives, broken plates and other items thrown at them. In some situations men have reported trying to leave only for their female partner to block the entrance. In the process, the male forcefully opens the door and the female loses balance and falls to her feet and sustains an injury. The female partner decides to call 911. On attending at the scene the police officers immediately notice she has a bruise to her face and presume the worse.

Some situations men have reported that while their female partner was physically assaulting them, they pushed her back so they could leave the situation. In some situations, the male partner has not even touched the female partner. In some situations even before the argument escalates the female partner threatens to call 911 and report that, “you hit me, and you know what they will do.”

In some situations the female partner will be verbally assaulting the male partner. Putting him down, calling him worthless or not a man. While this type of verbal assault would be considered as emotional domestic abuse when perpetrated by a man it is not the same situation when it is the female partner.

It seems that in many situations where men have been falsely accused of domestic violence it is in fact them who is real victim.

Even in situations where the allegation of domestic violence against the man seems illogical and lacking any credibility law enforcement will refuse to pursue any criminal charge against the false accuser.

Since, pursuing criminal charges against the false accuser is a rarity there is little if any repercussions.

Going through the criminal process is not fun. Many men who have been charged with domestic violence grow tired of the system and expenses and end up making the dangerous decision of pleading guilty to put the matter to rest. This can end up having serious consequences later on.

Call our law office today to speak with one of our Burlington Criminal Lawyers.  We provide criminal law services in Halton and Burlington. 

PH: 416-505-4901

901 Guelph Line, Burlington, ON