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CASE DETAILS

Charge(s): Mischief
Location: Kingston
Our Client(s): Mr. B
Year: 2023
Lawyer/Paralegal: Sudine Riley
Sudine Riley - Criminal LawyerLEARN MORE

Please Note: Past results not predictive of future results.

The Background

In the legal realm, effective negotiation skills are often the key to achieving favorable outcomes for clients. This case study explores a scenario where a client faced mischief charges after a night of partying resulted in property damage. Through strategic negotiation, the charges were successfully withdrawn, highlighting the importance of careful legal representation and advocacy.

Case Background: The client, referred to as Mr. B, found himself in legal trouble following a night of revelry. During the course of the evening, while intoxicated, he accidentally broke a window. The incident occurred in a public area, and although no one witnessed the act directly, his inebriated state led him to admit responsibility when approached by law enforcement officers.

Charges were brought against him for mischief under the Criminal Code, based on his admission to the police. However, upon seeking legal representation, we realized that his statement to the police was made involuntarily. Additionally, he pointed out that no witnesses could confirm his involvement in the incident beyond his own admission.

The Goals

The primary objective was to demonstrate that his statement was not admissible as evidence due to its involuntary nature and the absence of corroborating witnesses.

The Strategy

Recognizing the challenges posed by his admission to the police, we crafted a strategic plan to mitigate the situation. The primary objective was to demonstrate that his statement was not admissible as evidence due to its involuntary nature and the absence of corroborating witnesses.

The legal strategy involved several key steps:

Legal Research: We conducted comprehensive research into relevant case law and statutes pertaining to the admissibility of statements made to law enforcement under certain conditions, such as intoxication.

Evidence Evaluation: Despite his admission to the police, the absence of any witnesses to the incident presented an opportunity to challenge the prosecution’s case. We thoroughly evaluated the available evidence to identify weaknesses and inconsistencies.

Negotiation Preparation:  Armed with a solid understanding of the legal principles and the specifics of the case, we prepared for negotiations with the Crown prosecutor. This involved anticipating potential arguments and counterarguments, as well as crafting persuasive justifications for withdrawal of the charges.

Client Counseling: Throughout the process, we provided ongoing support and guidance, ensuring that he understood his rights and responsibilities. This included advising him on the importance of cooperating with the legal strategy and refraining from making any further statements to law enforcement.

The Results

The negotiation process with the Crown prosecutor was characterized by careful deliberation and strategic advocacy. We emphasized the lack of admissible evidence linking him to the mischief charge, highlighting the involuntary nature of his initial statement to the police and the absence of eyewitness testimony.

After considering the arguments presented and evaluating the strength of the prosecution’s case, the Crown prosecutor ultimately agreed to withdraw the charges against Mr. B. This decision reflected recognition of the challenges associated with relying solely on an involuntary statement made under the influence of alcohol, particularly in the absence of corroborating evidence.

This case study illustrates the critical role of effective negotiation in achieving favourable outcomes for clients facing criminal charges. By strategically challenging the admissibility of incriminating statements and leveraging the absence of corroborating evidence, we successfully secured the withdrawal of mischief charges. The case underscores the importance of thorough preparation, persuasive advocacy, and proactive client counseling in navigating the complexities of the legal system.

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