Legal Question in Criminal Law in Canada

Got beat up by Windsor Cops and I got charged

I was visiting my Alma Mater with a friend and was ''bar hopping downtown windsor'' when I noticed someone getting beat up by some cops (sound familiar?)

Anyway, I stupidly went over to help. When I started engaging the officers (verbally)I got thrown to the ground and subsequently handcuffed and then punched in the face for good measure.

Anyway, long story short, I was initiallly charged with Cause Disturbance, however before I was released some 12 hours later I was told I was being charged with Assalt Police and Obstruct Police.

I would like to know what the likely outcome of this is going to be? Is there any chance of Diversion?

Also, I had a number of Charter Breaches (i.e. I was never ''Mirandized'', was never told I was under arrest or why I was under arrest, my initial requests for counsel were ignored, I was escorted by a PC who didn't know what I was being charged with(illegal detention?)

If you have any feedback I would greatly appreciate it!

Thanks


Asked on 12/02/07, 2:30 am

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

Re: Got beat up by Windsor Cops and I got charged

I have heard enough complaints from clients about not being read their rights to believe that it perhaps happens more often than not. However, the police will always record in their notes that they gave the people they arrest their rights. If the issues comes up at trial, the court may believe the police or may be believe the defendant on this point. Usually, but not always, a court will believe a police officer. However, a constitutional breach will normally only entitle you to a chance at excluding or suppressing evidence that hurts you. In this case, their is none. Of course, if a judge doesn't believe the police, and accepts your rights were violated, the judge is probably going to have trouble believing the police were entitled to arrest you in the first place.

As for your situation, I am a Windsor criminal lawyer. I have acted for many clients in similar circumstances, so give me a call. www.golishlaw.com/contact.

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Answered on 12/02/07, 11:43 am


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