Clancy's Case — Obstruct Police — Withdrawn

Client:   Clancy S., Accused
Complainant:   Toronto Police Service, 52 Division
Charges:   Found-in Common Bawdy House; Obstruct Peace Officer

Background:   In the wee hours of a cold January morning, Clancy was at a massage parlour. He was just getting comfortable when the police raided the place. Clancy panicked and gave a false name. He was charged with being "found-in common bawdy house." He was given a notice in the false name to attend Court. With the morning light, Clancy realized his mistake. He sought my advice. I explained that his real name would surface eventually (he had given his correct address and telephone number), and that we should act now to ameliorate the situation. I wanted to correct the error before the arresting officer filed Clancy's documents with the Court. That would complicate the situation and further aggravate the officer. I contacted the officer to explain what happened and why. Clancy was then additionally charged with "obstruct peace officer."

Goals:   Clancy was concerned about the consequences for his career as an investment banker. He wanted the charges withdrawn if possible. He was prepared to take the matter to trial if there was a reasonable prospect of winning the trial, but he really wanted to avoid going to trial, as he feared the additional exposure that might accompany going to trial. In his own words, he wanted me "to reduce or eliminate the consequence of my own stupid actions."

Strategy:   My initial strategy was to let some time pass. I didn't want to approach the officer seeking his sympathy and cooperation while the affront was still fresh in his mind. Just before our Court date in March, I canvassed with the officer the possibility of Clancy performing an act of contrition (for example, community service) instead of being prosecuted criminally. Although this decision is the Crown's to make, they usually ask for the officer's input, and I wanted to bring the officer on-side in advance. The Officer said that he had no objection to my proposal if the Crown agreed. The next step was to convince the Crown. 

Results:   After discussions with three Crowns, I negotiated the following:  both charges would be withdrawn if Clancy completed 20 hours of community service, wrote an apology letter to the Officer, and attended a course regarding the dangers of the sex-trade. Clancy agreed. Three months after his life was turned upside down, Clancy's charges were withdrawn.