🚀 go-pugleaf

 "Marcos" <1@hotmail.com> writes:

>Five days ago me and my wife had an argument which quickly escalated and I
>end up loosing my temper and "head butting" her.  At the end she had a bump
>and I had a bump in our foreheads.  That night she slept in a separate room


         fuck her, the stupid bitch. quit your job, let the house be 
         sold off,don't pay the credit cards, declare bankurptcy, let   
         the cunt starve in the cold, that'll teach her a good lesson           
                                  



  about
"violence." stupid  cunt.

you sound like an asshole and I don't actually believe your story.

It's the law. It must therefore be just and should be honored because it is
looking out for our own best interest, Right? (This is a sick joke) When
laws are changed and moved off their principle foundation, society collapses
without exception. Until Law is returned secure and immovable upon its
foundation, Justice is not served, Law is not honored, and terrorism can do
nothing but prevail.


I abide by God's Law independent of all 'legal' treachery. The sum of His
Law is:

Mar 12:30  And thou shalt love the Lord thy God with all thy heart, and with
all thy soul, and with all thy mind, and with all thy strength: this is the
first commandment.

Rom 13:8  Owe no man any thing, but to love one another: for he that loveth
another hath fulfilled the law.

Rom 13:10  Love worketh no ill to his neighbor: therefore love is the
fulfilling of the law.

Gal 5:14  For all the law is fulfilled in one word, even in this; Thou shalt
love thy neighbor as thyself.


This verse speaks of our society's present state in regards to understanding
True Justice:

2Ti 3:7  Ever learning, and never able to come to the knowledge of the
truth.


May God heal and restore US All,

Transy


"Marcos" <1@hotmail.com> wrote in message
news:Ns0rb.8481$XDB.7171@news01.bloor.is.net.cable.rogers.com...
> Five days ago me and my wife had an argument which quickly escalated and I
> end up loosing my temper and "head butting" her.  At the end she had a
bump
> and I had a bump in our foreheads.  That night she slept in a separate
room
> and refused to talk to me.  The next day we said sorry to each other, and
> everything was forgotten and forgiven.  While we were hugging and crying
on
> each other shoulders she got a phone call, then she told me that she went
to
> the police station and that they wanted to "talk" to me.  The cop called
me
> later the same day and told me to come to see him, we agreed that I would
> come the next day after work.  He read me my rights and made me sign some
> papers, including one that saying that I should stay away from my house,
my
> kids and my wife until the court day (6 weeks from now), if I get caught
> with her I go to jail.  I went to the court house to have the bail
condition
> amended, my wife went to the court house to have the bail condition
amended.
> Today she got a visit from a lady from Children's Aid Society and Victim
> Crisis Assistance Referral Service.
> We have 2 kids in common, and have been living together for 7 years, now
> legally I can't be with her or I go to jail.  She is sorry for going to
the
> police but she can't drop the charges.  I was charged under section 266,
> assault-level 1-cc-dual.  For what I saw on the internet I can get
anywhere
> from 6 months/$2000 fine to 5 years.  I feel very confused by all of this
> and very concerned about our future.  She does not work, so I am the sole
> income in the house, we have a mortgage, credit card payments, bill
> payments...you name it...if I loose a week of work we go bankrupt.
> When I look up the charges this is what comes up:
> 266. Every one who commits an assault is guilty of
>
> (a) an indictable offence and is liable to imprisonment for a term not
> exceeding five years; or
>
> (b) an offence punishable on summary conviction.
>
> R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22;
> 1980-81-82-83, c. 125, s. 19.
>
> on another web site (lawyers site)
> http://www.criminal-lawyer.on.ca/penalty-violence.html it shows as if this
> section of the penal code has a discharge available.  Can anyone tell me
> what should I do?  How can my wife help me? What steps can I take or who
can
> I see? (a lawyer would be a very obvious answer).  I feel that in this
> particular case the law is not helping at all, what happened was a moments
> thing and all she wanted is to scare me at the moment, she had no idea of
> the consequences when reporting a domestic assault.  Now we want to be
> together (and we are together, as a matter of fact she is sleeping next to
> me...) but the law will punish me if they find this.
>
>

What you should do is to speak with a criminal defense attorney.
Immediately. And stop posting detailed factual statements on the
Internet about a pending criminal case.

-- 
Brett

*****************************************************************
* Personal Injury/Malpractice                        Bankruptcy *
*                                                               *
*                        BRETT WEISS, P.C.                      *
*                        Attorneys at Law                       *
*                Maryland, D.C. and Federal Bars                *
*                        lawyer@erols.com                       *
*                  http://www.erols.com/lawyer                  *
*                                                               *
* Small Business                      Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
*****************************************************************


"Marcos" <1@hotmail.com> wrote in message
news:Ns0rb.8481$XDB.7171@news01.bloor.is.net.cable.rogers.com...
> Five days ago me and my wife had an argument which quickly
escalated and I
> end up loosing my temper and "head butting" her.  At the end
she had a bump
> and I had a bump in our foreheads.  That night she slept in a
separate room
> and refused to talk to me.  The next day we said sorry to each
other, and
> everything was forgotten and forgiven.  While we were hugging
and crying on
> each other shoulders she got a phone call, then she told me
that she went to
> the police station and that they wanted to "talk" to me.  The
cop called me
> later the same day and told me to come to see him, we agreed
that I would
> come the next day after work.  He read me my rights and made me
sign some
> papers, including one that saying that I should stay away from
my house, my
> kids and my wife until the court day (6 weeks from now), if I
get caught
> with her I go to jail.  I went to the court house to have the
bail condition
> amended, my wife went to the court house to have the bail
condition amended.
> Today she got a visit from a lady from Children's Aid Society
and Victim
> Crisis Assistance Referral Service.
> We have 2 kids in common, and have been living together for 7
years, now
> legally I can't be with her or I go to jail.  She is sorry for
going to the
> police but she can't drop the charges.  I was charged under
section 266,
> assault-level 1-cc-dual.  For what I saw on the internet I can
get anywhere
> from 6 months/$2000 fine to 5 years.  I feel very confused by
all of this
> and very concerned about our future.  She does not work, so I
am the sole
> income in the house, we have a mortgage, credit card payments,
bill
> payments...you name it...if I loose a week of work we go
bankrupt.
> When I look up the charges this is what comes up:
> 266. Every one who commits an assault is guilty of
>
> (a) an indictable offence and is liable to imprisonment for a
term not
> exceeding five years; or
>
> (b) an offence punishable on summary conviction.
>
> R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93,
s. 22;
> 1980-81-82-83, c. 125, s. 19.
>
> on another web site (lawyers site)
> http://www.criminal-lawyer.on.ca/penalty-violence.html it shows
as if this
> section of the penal code has a discharge available.  Can
anyone tell me
> what should I do?  How can my wife help me? What steps can I
take or who can
> I see? (a lawyer would be a very obvious answer).  I feel that
in this
> particular case the law is not helping at all, what happened
was a moments
> thing and all she wanted is to scare me at the moment, she had
no idea of
> the consequences when reporting a domestic assault.  Now we
want to be
> together (and we are together, as a matter of fact she is
sleeping next to
> me...) but the law will punish me if they find this.
>
>

Marcos you need to talk to a criminal lawyer in your city right away.
Nothing I tell you here is legal advice, just information, k? You
should completely disregard anything I tell you that conflicts with
what your lawyer tells you, because I have been out of the biz for
quite a while.

The good news is that you are misreading the statute with regard to
punishment. This is an offence that gives the Crown the option to
proceed summarily (summary offence) or by indictment (indictable
offence). If the facts are exactly as you present them and you have no
previous similar convictions the odds are overwhelming that the Crown
will proceed summarily (the less serious route), because as assaults
go this is definitely on the low end of the scale. Summary first
offence domestic assault cases have no minimum punishment, and
typically result in a fine, probation, and an anger management course
(or something like that). One of the things you signed is a
recognizance or promise to appear (this allows you to walk out of the
police station, rather than be released by a judge), the conditions of
this promise being that you stay away from the family home etc.
**Whatever you do, do not disobey this...do not compound your
problems**. Your lawyer can go to the Crown lawyer right away and
possibly get an agreement to less onerous terms, which will be then be
immediately presented to a judge for his approval "by consent". If the
Crown refuses to loosen the terms your lawyer can still make a court
application on short notice to get a judge to do so. Of course you
will need your wife's support at a minimum to get this done.

The other thing to understand is that these conditions are "pre-trial"
conditions on your release from custody. If you are prepared to accept
responsibility for your actions you can plead guilty at your first
appearance (only on the advice of your lawyer!) and be sentenced right
there or very shortly thereafter. This is a case where the conditions
of your recognizance might be worse than the sentence.

Anyway, the point of all this is just to tell you:

1) that things aren't as bad as they might seem
2) you really should get a criminal lawyer right away; it won't cost
all that much.

Good Luck.



"Marcos" <1@hotmail.com> wrote in message
news:Ns0rb.8481$XDB.7171@news01.bloor.is.net.cable.rogers.com...
> Five days ago me and my wife had an argument which quickly escalated
and I
> end up loosing my temper and "head butting" her.  At the end she had
a bump
> and I had a bump in our foreheads.  That night she slept in a
separate room
> and refused to talk to me.  The next day we said sorry to each
other, and
> everything was forgotten and forgiven.  While we were hugging and
crying on
> each other shoulders she got a phone call, then she told me that she
went to
> the police station and that they wanted to "talk" to me.  The cop
called me
> later the same day and told me to come to see him, we agreed that I
would
> come the next day after work.  He read me my rights and made me sign
some
> papers, including one that saying that I should stay away from my
house, my
> kids and my wife until the court day (6 weeks from now), if I get
caught
> with her I go to jail.  I went to the court house to have the bail
condition
> amended, my wife went to the court house to have the bail condition
amended.
> Today she got a visit from a lady from Children's Aid Society and
Victim
> Crisis Assistance Referral Service.
> We have 2 kids in common, and have been living together for 7 years,
now
> legally I can't be with her or I go to jail.  She is sorry for going
to the
> police but she can't drop the charges.  I was charged under section
266,
> assault-level 1-cc-dual.  For what I saw on the internet I can get
anywhere
> from 6 months/$2000 fine to 5 years.  I feel very confused by all of
this
> and very concerned about our future.  She does not work, so I am the
sole
> income in the house, we have a mortgage, credit card payments, bill
> payments...you name it...if I loose a week of work we go bankrupt.
> When I look up the charges this is what comes up:
> 266. Every one who commits an assault is guilty of
>
> (a) an indictable offence and is liable to imprisonment for a term
not
> exceeding five years; or
>
> (b) an offence punishable on summary conviction.
>
> R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22;
> 1980-81-82-83, c. 125, s. 19.
>
> on another web site (lawyers site)
> http://www.criminal-lawyer.on.ca/penalty-violence.html it shows as
if this
> section of the penal code has a discharge available.  Can anyone
tell me
> what should I do?  How can my wife help me? What steps can I take or
who can
> I see? (a lawyer would be a very obvious answer).  I feel that in
this
> particular case the law is not helping at all, what happened was a
moments
> thing and all she wanted is to scare me at the moment, she had no
idea of
> the consequences when reporting a domestic assault.  Now we want to
be
> together (and we are together, as a matter of fact she is sleeping
next to
> me...) but the law will punish me if they find this.
>
>

In can.legal Marcos <1@hotmail.com> wrote:

> http://www.criminal-lawyer.on.ca/penalty-violence.html it shows as if this
> section of the penal code has a discharge available.  Can anyone tell me
> what should I do?  How can my wife help me? What steps can I take or who can
> I see? (a lawyer would be a very obvious answer).

Its the obvious answer.  And the only answer.  I could tell you what I
would do in Calgary in your situation, but that is not going to help
you a wit.  Indeed, I looked at the responses which have been provided
and much of the information is wrong, knowingly or otherwise.

There are lots of people selling snake oil, and you should not
buy any.

> I feel that in this
> particular case the law is not helping at all, what happened was a moments
> thing and all she wanted is to scare me at the moment, she had no idea of
> the consequences when reporting a domestic assault.

Consequences of being charged with an offence are serious, conviction is
even more.  See someone who can help you. 

At the risk of giving you advice, you appear to have been released by
an "Officer in Charge" on conditions.  Those conditions can be changed
by a judge.  You need to get a lawyer to get you before a judge in an
appropriate way, and to have a new "show cause" hearing.  

You also need someone to avoid anything really bad happening with the
local equivilent of child welfare.  They take the position that a 
woman who does not protect her children from domestic violence is
not a fit person to have children.  The children could be apprehended.

You need to get some good advice, fast.

>  Now we want to be
> together (and we are together, as a matter of fact she is sleeping next to
> me...) but the law will punish me if they find this.

LET ME GIVE YOU SOME ADVICE:  LEAVE NOW, AND DO NOT RETURN UNTIL THE
RELEASE CONDITIONS HAVE BEEN CHANGED.  AT PRESENT YOU LEAVE YOURSELF
OPEN TO ALL SORTS OF PROBLEMS, NOT THE LEAST OF WHICH IS GIVENING YOUR
WIFE A CHANCE TO HAVE YOU ARRESTED ANYTIME.  THE CONSEQUENCES OF THIS
IS VERY SERIOUS.  YOU COULD ACTUALLY FIND YOURSELF IN JAIL OVER IT,
AND THAT IS NOT VERY PLEASANT.

GET THE HELL OUT!!!!!!


-- 

Best regards,

Stephen Jenuth
(jenuths@homacjen.ab.ca)

Quidquid latine dictum sit, altum viditur.

pgp/gpg public key available at http://www.keyserver.net