Need help from lawyer ( Criminal matter & Family matter ) ?

Question

Hello there,

I need help from canadian lawyer .

I do have a lawyer though he doesn't make me feel comfortable to go with him.

I will give you a detailed information so that you can use your best knowledge to advise me .

The incident happen on june in the shopping mall . and someone made a wrongful statement to police saying that I dragged my wife by hair. My wife made a statement that it never happened, but since there are 2 witnesss , I need to go to court for criminal matter .

At the same time when the incident happened police report the incident to children service and I got supervision order .

what if you are falsely accused of assault and if you see a disclosure not strong enough to be a case ?

My wife is not accusing me for anything and doesn't think she is a victim, even though children service try to get involved with my family ?

Answer 1

If there are 2 Witnesses then you are most likely going to court;

What I'd suggest is this:

Contact the management of the shopping mall (get your solicitor to do this) to request a copy of the CCTV footage covering the area at the time of the incident.  

Comply with the supervision order, if you don't then the court WILL hear about it, and it will not speak volumes for your character.

It doesn't matter what your opinion is as to the validity of a disclosure, that is for the court to decide.

I'd also suggest getting a reliable upstanding member of the community to speak as a character witness on your behalf, rather than the wife you are accused of assaulting as she could be portrayed as having been intimidated or influenced by your behaviors.

I'd have thought that your lawyer should have advised all of this already, but you do say you are not comfortable with him, which might advise a change......BUT, if you are not happy with him, just because you don't like what he has to say, then I'd suggest that you listen to his advice once again,and perhaps realize that he's probably acting in your best interests. (Not many lawyers like to lose a case)

Good Luck, sounds like you may need it.