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Illegal detainment for a witness warrant that didn't exist. lawsuit(canada)
This is my first post and the reason I'm posting this here is because this is the first website that came up when i punched in "canada legal forum" into google.
A while back I got caught up at the scene of an assault of a friend and made a statement to the police. The first time around the trial came I never showed because I had second thoughts about helping the police. A witness warrant was issued for me. The next time trial came around I showed up, the judge/crown withdrew the warrant, the individual made a plea deal, and I was wished a nice day.
About 2-3 months later which was very recently I was arrested during an unrelated arrival of the police. They claimed I had a witness warrant out for my arrest. What I've learned is that the judge forgot to write down the removal of the warrant, or possibly the crown didn't forward/do the paperwork properly. The court transcripts would of course prove all this. So they arrest me unlawfully approximately 5pm in the afternoon and it takes them all the way until the next morning 9 am to release me, all the time detained for a warrant that didn't exist. 9am comes along, which point I'm given my property and released no charge no nothing, not even an apology.
The jail condition were appalling. They're using what I believe a mild torture technique by cranking up the AC and closing the door behind them. It was unbearable, I slept maybe 1-2 hours of shiver/nightmare type sleep waking up in between realizing I'm in hell. The steel slab that you sit/sleep on was unbearable, it was like a block of ice. The rest of the time I spend pacing trying to generate body heat.
Another lawyer is in the process of finding me a referral. How much do you think I should sue these incompetent bastards for? What do you think that kind of shit is worth. To me If someone said I'll give you 10k to pull a night like that I would sure as heck refuse. It was like 16 hours of hell.
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Re: Illegal detainment for a witness warrant that didn't exist. lawsuit(canada)
that sucks man but it happens alot. esp for traffic warrants for unpaid tickets where if you dont have the letter stating they were taken care of, you could go to jail before its straightened out.
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Re: Illegal detainment for a witness warrant that didn't exist. lawsuit(canada)
Quote:
Originally Posted by gearbox
that sucks man but it happens alot. esp for traffic warrants for unpaid tickets where if you dont have the letter stating they were taken care of, you could go to jail before its straightened out.
That's a whole different ballpark man. Atleast you have the opportunity to have a letter on you, so in the end, if you don't have the letter, it legally is your fault.
This was a whole different monster that was completely out of control. No amount of reasoning, paperwork, anything with them worked. And don't forget, I was a fricken witness!!!
Because of the fact that the crown didn't pick up their phone and didn't return any calls from the police, I rotted in jail illegally.
This smells like a suit to me and my lawyer agrees. I'm just trying to figure what a judge would see fit. There must be all sorts of human rights violations in that BS.
Re: Illegal detainment for a witness warrant that didn't exist. lawsuit(canada)
I know this is a couple of weeks old but i have not been on here that long yet, i hate the happened to you i assure you i would not want that to happen to me either. But you also have to look at the whole picture, you caused this on yourself by not going to court in the first place. I know your in Canada and im sure things are much different there but in the States the law enforcement is covered in whats called good faith. Your blaming everyone else for what you caused to begin with. Now granted the warrant should have been taken out of the system but it would have never happened to begin with if you had went to court to begin with.
I mean come on you speak of the assault on your firend and then your not sure about helping the police??? Your not helping the police becuase to be honest they dont care one way or another you would however been helping your friend and you decided not to. Glad your not a bro of mine.......
