gtam lawyers chime in. | GTAMotorcycle.com

gtam lawyers chime in.

zeniceguy

zeniceguy

Well-known member
here is the story.
went to a gas station just before x-mas about 9 pm.
some guy (25ish) seemed kinda cracked out and didn't like the way I drove. I was parked two pumps back and on the other side. He was talking trash and swearing at me the whole time I was filling up my car across the station. His 4 year old kid walking around listening, told him to calm down and stop swearing in front of the kid. He kept swearing at me and told me not to talk to his kid (who was now standing beside me, and I apologized to for his dads swearing).

He finished pumping and walked in the store, I did just after. Once in the store he continues at me as he goes to pay.

By this time I have said nothing and just minded my own business, and he continues.
The cashier says that will be 10 and a pack of smokes = 16 or whatever
(i know I should of still just been quiet) but I laughed and said "no more welfare check in the bank".
he looked me up and down and too a swing at me, I moved my head back so he only knocked my hat off. I tried to stay calm but ended up laying him out in the store.
while I was on top of him I calmed down after a few more shots and told him to calm down and I will let him up, he agreed so I did. Once he gets of the floor he looks at me and starts again, "u need to learn to fkn drive, fkn idot, so on and so on (his face was mashed and bleeding and don't think he had a clue as to what just happened).

He popped a few bags of chips on the way down and knocked a shelf.
(during this time the lady called the cops)
she demanded money from us, The guy just left. I told the lady I was sorry but after being asulted in the store I wont be paying for all the damages.

a blocks away I see charies behind me leaving the gas station so I pull over and wait for them

I explained to the cops what happened and they seemed very understanding and ask if I wanted to press charges. I said no, if he didn't learn something today I'm sure he will next time. they just took my info and that was the end of it.

about 3 weeks ago I get a knock at my door. A cop hands me a sumins for court for disorderly conduct or disturbance of peace (or something like that).

go to the first appearance and they want me to take a divertionDivrsion

(http://criminallawyerintoronto.blogspot.ca/2009/07/what-is-diversion-and-
and-i-eligible-to.html)

and plead guilty.
Should I do this as there will be no record in the future or do I plead not guilty in self defense?

as of right no Im leaning to accept it.
 
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I may be wrong but I think you only get offered diversion once. Do you want to blow it on a charge you could beat?

Who is going after you, the gas station or the other guy acting in revenge?

Unless a criminal lawyer is willing to PM you advice you would be airing your case on the internet, not a good idea. You need a lawyer face to face.

From your post it could be taken that you instigated a conflict, he simply knocked your cap off and you brutally escalated that to punching him numerous time while he was helpless on the floor.

I suggest you delete the post
 
.
...
 
court is tues morning.
I dont get in trouble like this, dont cause issues, dont have trouble with the law
Im just thinking 1500 on lawyers or just walk away with it.
you can have more then 1 divertion
 
even a consultation is gonna cost 150+
its the local Orangeville police, not the owner or the guy.
 
Why would you leave after she told you she was calling the cops? That seems a tad strange to me. I don't understand how any of this could be construed as being your fault though, if your story is all true of course.
 
It will be the girl at the store that complained to police. They found you, likely not the other guy. You were likely charged with causing a disturbance (by fighting). The only elements that need to be satisfied is a) you were in a fight AND b) someone was disturbed.

a) the clerk and the video, and likely your comments to police show you were infact in a fight. It is immaterial if you started it, or the pope did. Were you in a fight..... Yes.

b) the clerk was disturbed; thats why she called 911. And her store got messed up. This required her to clean it, and product was damaged which will not be paid for.

Those are the facts the crown would have to prove. If you dispute the charge I cannot see a defence that would be likely to get you acquitted.

If it were me, id take the diversion.
 
Another factor a criminal lawyer might comment on is how long the whole process will take. Criminal court isn't the same as traffic court.
 
I didnt know she called the cops, just figured she did.
I called the store to try and cover the damage but they say there was a broken rack and damaged product. I asked if they could send me a list of damages but they said no, they already gave it to the police.

while I was on the side of the road it came over the radio the supervisor saying "there has been an over exaggeration just a few popped bags of chips" I told the cops if its just a few bags of chips Id go back and pay for them but not a shelf because that crack head was stupid.
 
If it was just an assault charge I would see it that clear and easy.
My question is weather self defense counts if he didnt harm me.

Looking at it there way.
they didnt see or hear what went on out side.
he didnt harm me.

my way.
he was messed up, acting like he was on drugs
verbally thrashing me out side the whole time
once he started to get physical in the store, I had no idea what his next move would be.
he could of went to the car and got a bat, knife, gun, or anything.

the way I seen it was that as I stayed calm he got more and more aggressive thinking he was dominant. You could see him getting more and more agressive as I didnt do anything about it.
I was never scared of him but was thinking of what he might do next and the harm that may come, so I protected myself. He just didnt know I took boxing for for 3 years.
 
on the other hand:

[1] there are three stories including a '3rd party' story. Yours is just one of the 3 stories.
[2] could someone think that you provoked it? Esp. he's drugged out and you took boxing?
[3] could someone think that you more than just defended yourself?

Also it's unclear if there's a video or not, which could make a lot of difference.
Esp. the police may already have seen the vid and based their charges on what they saw.
 
freedomfighter said:
get the store video and sapena the clerk to your trail .if the guy to a swing at you first (in the video) your in the clear.
Click to expand...

This is immaterial. He was not charged with assault. The clerk is the complainant and will be the crowns witness. Unless the 3rd involved party was known to police he will not be involved.

175(1)(a)(i)

Every one who
<dl style="color: rgb(0, 0, 0); font-family: Times; font-size: medium; "><dd>(a) not being in a dwelling-house, causes a disturbance in or near a public place,<dl><dd>(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
</dd><dd style="text-align: left; "></dd><dd style="text-align: left; ">


</dd></dl></dd></dl>
 
singing in public is illegal?
sweet.


The clerk doesn't have to be the complainant. The cops can be the complainant after watching the video or talking to witnesses.
 
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