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City: Kingston, Ontario
Year: 2019
Our Client: Mr. R.
Charge(s): Resist Arrest, Assault Police Officer
Lawyer:  Virginia Dolinksa
Virginia Dolinska - Criminal Lawyer Ottawa
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Case Study: Charges Withdrawn – Resist Arrest, Assault Police Officer

Background Allegations

Mr. R. was a senior gentleman who, after a night out in town, had one drink too many. During his walk home, in the late hours of the night, he spotted a police cruiser stationed in the vicinity of his residence.

It was alleged that Mr. R. came towards the cruiser which was occupied by two police officers and knocked on the window. After inquiring about the reason for the officers to be stationed where they were, Mr. R. was ordered to go away. Mr. R. did not go away. He continued to circulate around the cruiser and yell obscenities at the officers. Soon it appeared obvious to the officers that Mr. R. was heavily intoxicated.

The officers exited their cruiser in the attempt to get Mr. R. to calm down and leave the premises, however, it was alleged Mr. R. continued to be difficult. The situation began to escalate and the officers decided to arrest Mr. R. Mr. R. did not share such a view and did not cooperate with the arrest. At this time a physical altercation took place between Mr. R. and the officers, during which it was alleged Mr. R. resisted arrest and assaulted one of the officers. Mr. R. did not agree; he claimed the altercation did not happen the way it was described by the officers and more importantly, he alleged he was assaulted by the officers.

 

Goal

Mr. R. lived a law abiding life and did not want to have a criminal record at his advanced age.

 

The Strategy

Trial was a last resort in this case as we did not want to put our senior client through such a stressful and intense experience that a trial can be. There are many factors that are at play when we are in the process of deciding if a case should go to trial, and such matters as the mental and physical state of our client definitely plays a part. Fortunately, we were able to get the charges withdrawn for a small charitable donation.

 

Verdict

Both charges were withdrawn, leaving Mr. R with a spotless criminal record.

Please Note: Past results not predictive of future results.

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