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枫下茶话 / 法律 / criminal codeMy friend got summon from the court that he had Mischeif and against the criminal code section 430 (3). Please advise what should he do? Thanks.
-vvsp(vvsp);
2004-8-10
{144}
(#1835917@0)
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好象是损坏财产
-charleslike(愚人);
2004-8-10
(#1835934@0)
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Could you please tell where can he get free lawyer support because he is just a student (over 21 year old).
-vvsp(vvsp);
2004-8-10
(#1835941@0)
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Could you advise what result to him and how to solve this problem with minimum trouble? Thank you so much.
-vvsp(vvsp);
2004-8-10
(#1835989@0)
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Sorry I don't know much about the legal system here although I'm in Canada for a long time. Try to call any lawyer office for consultation.
-charleslike(愚人);
2004-8-10
(#1836064@0)
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关于量刑，取决于是否故意，损失大小，有无人身危害，是否初犯等等因素。如果按上述标准都是最轻的，可以plea guilty，会得到法庭原谅（unconditional discharge），但是犯罪记录会保留３年。这种情况就不必请律师。法庭门口都有实习律师为轻微犯罪者提供无偿法律谘询和辩护。你和朋友可以先去那问问这罪有多重，是否要请律师。
如果严重就要请律师了。最严重的是直接或间接地损害了他人的健康，会被公诉，不能撤诉。其次是损失超过５千。如果有可能（如不属于故意，没有人身危害），可以请律师与检查官商量私了－如数赔偿损失并且道歉，交换条件是原告撤诉。
怎么会搞成这样，你的朋友当时没喝多吧？
-23456789(大白呼);
2004-8-10
{386}
(#1836109@0)
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He is bad temper guy. Don't know details yet. Thank you very much for your advise. Will consult you later after I got enough information. By the way, I found Ontario Legal aid web site and will let him contact them.
-vvsp(vvsp);
2004-8-10
(#1836250@0)
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He kicked the bump of somebody's car and made a hole because that guy occupied the parking space when he was waiting. The car is old american one. This is his first time to do it. Is the problem serious? Thanks.
-vvsp(vvsp);
2004-8-11
(#1837497@0)
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Was police right or wrong?
-vvsp(vvsp);
2004-8-23
{517}
(#1852909@0)
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He went to legal aid office and the officer there told him this case is not acceptable to apply legal aid because it is too small. Does he still need a lawyer or just go to the court by himself? Thanks.
-vvsp(vvsp);
2004-8-25
(#1855962@0)
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法律援助是给杀人放火的人预备的。你去法庭门口的实习律师那问一问，不要钱的！至少可以将over 5k改为under 5k，两者量刑区别很大。我们在法律知识这方面也都跟你差不多－二百五，再帮不上多大忙的。
-23456789(大白呼);
2004-8-25
(#1856163@0)
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Sorry to bother you again. He went to court this morning but can not find any lawyer for practice for free because they are not marked. Could you please provide such lawery to help? Thanks.
-vvsp(vvsp);
2004-8-27
(#1859885@0)
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Effect of a criminal record - How can a conviction hurt you?
-canadiantire(八卦轮胎);
2004-8-23
{1586}
(#1852917@0)
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Thank you very much for your information. However, could you please answer my previous post as well because it is important how to judge it as criminal or just a imporper action.
-vvsp(vvsp);
2004-8-23
(#1852921@0)
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How old is your friend?
-canadiantire(八卦轮胎);
2004-8-23
(#1852943@0)
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I am not an expert in this, I strongly suggest your friend seeking legal aid from professionals, in case of Indictable offences , criminal record will be kept for 5 years andthe convicted need apply for pardon(to parole office) to purge his/her record.
-canadiantire(八卦轮胎);
2004-8-23
{78}
(#1852949@0)
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My simple question is;
If police did wrong at that day, can he ask for dismiss the case?
-vvsp(vvsp);
2004-8-23
(#1852968@0)
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your friend need to prove it on court and judge/jury will decide, ask in here is waste of time. your friend need a laywer.
-canadiantire(八卦轮胎);
2004-8-23
(#1852978@0)
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Yes, he will go to lawyer, but he try to get advice here to fresh his mind first.
-vvsp(vvsp);
2004-8-23
(#1852986@0)