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prelim question

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burnallthemoney | 08:17 Sun 10th Apr 2011 | Criminal
14 Answers
I have 4 major charges and i believe one breach, which i was caught driving with a suspended license past my curfew and i had a few drinks.
But i believe they only charged with one breach drinking.

I ended up giving the cops a statement, i know my mistake.
And From that they told me only the cops are charging me, not the witness or victim or anyone just the cops.
After the statement the arresting officer told me to get a lawyer cause they have all sorts of little tricks to get out of these situations.
That right there confused me not sure if this is actually serious or if they are just wasting everyone's time.

My question is, can they just use my statement against me? even if the victim or witness doesn't show up, wouldn't that be grounds to drop all the charges?

And Even if victim or witness didn't show up, and charges were dropped, What about the Breach? is that still that big of a deal? Would they deal with it right there at the prelim or actually set a trial date just for a breach?

I was told from a officer friend that if there's no victim then there's no crime, and im pretty sure the witness or victim won't show up.
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Are you in the US or UK?
Killing the victim and the witness isnt the answer!!!!
Question Author
I recently found out as well that the victim or witness was subpoenaed to attend my prelim.
And they are requesting a statement from that witness/victim.

As far as i know they are not giving a statement and will not go to court.
And they are aware that they could get their self in trouble but it would be minor compared to the trouble im looking at.

Doesn't this prove right there that they don't have enough information to charge me and throw me in jail just from my statement?

Would explain why they had the witness/victim subpoenaed and more then a year after the incident are now trying again to get a statement from them to use against me in the prelim....

I was also told that if am found guilty or do a guilty plea and have some charges dropped that they will most likely just try and get money out of me first before sending me to prison.

I have no criminal record as well if the judge even considers that type of thing.

I know no one here has a crystal ball and cant tell the future, maybe im just looking to vent and maybe get some good advice along the way lol.
what have you been charged with? what's the evidence? are you guilty?
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Question Author
Im in Canada, and i didn't say anything about killing the witness or victim.

Don't feel comfortable revealing the charges, but they are up there and frowned upon up there next to murder.

The only evidence is my statement that i gave to the cops.
Yea im guilty i suppose, but not to the extent that i should go to jail.
I believe the cops are charging me because they seem to think there's enough evidence to lock me up, but if that's the case i don't get why they would be trying to subpoena and get a statement from the witness/victim.

The whole thing seems sketchy, but never the less im taking it all very serious.
do you think you might get better legal advice from people in your own country, where your laws apply?
Question Author
I got a curfew as well as many other conditions of release, upon being charged.

I mean if it was that serious of a crime they wouldn't of released me in the first place, but they gave me conditions and a curfew and no alcohol were just two of them.
But when they caught me driving with a suspended license they only charged me with the drinking breach i believe.

And you don't get a criminal record for driving with out a license lol.
that's a traffic offense, not a criminal offense.
My lawyer already dealt with that and i ended up getting a 6 month suspension, and she kept me out of jail. I only have a month left of my suspension. But yea that's irrelevant.
Question Author
Quite possibly, i figured this was a world wide site, but thanks for the advice my mistake. ill be deleting my account now, thanks.
you're welcome to post whatever you like, but laws are different in different countries. for example, in the UK you could well get a criminal record for driving without a licence as it is against the law!
by refusing to give all the information, how do you expect anyone to answer your questions with any veracity?
we can't "guess" what you've been charged with and give appropriate advice. Although this site is based in the uk (ie a .CO.UK website) people might be able to help you, but not if you don't tell us what it is you want help with
In the uk, the witnesses and the victim aren't the ones that do the prosecuting, the Crown prosecution do. I would have thought the "no victim, no crime" thing your "friend" told you is a load of BS - how do you think they prosecute people for murder when the victim wont show up?
If only they had just answered my question.
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