Assault Charges DROPPED by Prosecutor – NO JAIL and NO CRIMINAL RECORD
R. v. N.S. (2010 B.C. Provincial Court)
Client arrested after a neighbour called police claiming to hear the sounds of a domestic assault within Client’s home. Police believed that Client was assaulting his mother. Vancouver Criminal Lawyer Emmet J. Duncan negotiated with provincial crown counsel / prosecutor to secure the Crown’s agreement to DROP THE ASSAULT charge and instead permit Client to enter into a short recognizance (peace bond) that requires Client to leave his mother’s house if she requests it. This recognizance is NOT a criminal charge and NOT a criminal record. As a result of this negotiation, Client receives NO CRIMINAL RECORD and receives NO JAIL TIME.
Extortion and Threats Charges – Charges Dropped
R. v. B.L. (2011 B.C. Provincial Court)
Client arrested on allegations of having attempted to extort ex-partner of substantial sums of money, including making threats involving firearms directly to family members of partner. Vancouver Criminal Lawyer Emmet J. Duncan persuaded Crown counsel there were substantial problems with the credibility of the complainant should the matter go to Trial. Complainant also wanted to have continued contact with Client. Crown counsel agreed to resolve the matter by way of a restraining order. CHARGES DROPPED; NO JAIL; NO CRIMINAL RECORD.
Assault Causing Bodily Harm Charges Dropped
R. v. A.T. (2010 B.C. Provincial Court)
Youth Client the victim of substantial bullying by a group of classmates finally “took matters into Client’s own hands” and punched one of the bullies aggressively enough that the “victim” suffered a broken nose. Because the matter took place during school hours and in class, School officials called in Police. Although the School was extremely supportive of Client and his parents, police and Crown nevertheless decided to pursue charges. Vancouver Criminal Lawyer Emmet J. Duncan negotiated extensively with the assigned Crown counsel as well Senior Crown to demonstrate that Client had indeed been a victim and that bullying in fact continued after the incident on a number of occasions including one in which Client was assaulted and police attended. Mr. Duncan persuaded Crown that Client acted out of frustration and deserved to be referred to alternative measures. Client completed diversion successfully and Crown took the extraordinary step of inviting the Court to DISMISS the charge, thus indicating Client’s exoneration.
Assault with a Knife; Possession of a Weapon for a Dangerous Purpose; Break & Enter & Threats – Prosecutors DROP CHARGES
R. v. G.P. (2011 B.C. Provincial Court)
Client involved in serious confrontation with landlord. Landlord alleged that Client broke into a suite and continued the confrontation by brandishing a knife and making threats against the landlord and his friend. Client charged with Break and Enter; Uttering Threats; Assault with a Weapon and Possession of a Dangerous Weapon. Vancouver Criminal Lawyer Emmet J. Duncan persuaded Prosecutor there was another side to the story and that after Trial, the Court was likely to acquit Client on the basis that the landlord was fabricating the allegations in an attempt to evict Client. Prosecutor agreed to DROP THE CRIMINAL CHARGE and Client agreed to continue conditions of no contact through the form of a peace bond or restraining order.