Jennifer's Case — Assault (Domestic) — Dismissed

Client:  Jennifer, Accused
Complainant:  Sally, Jennifer's former girlfriend
Charge:  Assault

Background:  The relationship was over, but Sally kept calling Jennifer. She would often call in a crisis seeking Jennifer's help. Jennifer felt compelled to see her, sometimes out of compassion, and sometimes because of that lingering sense of obligation one has to an old flame. Sadly, these meetings often ended in argument. After one such argument, Sally had Jennifer charged with assault. The criminal proceedings were not commenced by the police, but were commenced by Sally in front of a Justice of the Peace. We call this a "private Information." (The Information is the official Court document containing the charge.)

Goals:  Jennifer wanted nothing more than to put this all behind her. She wanted Sally out of her life and she wanted the charge withdrawn or dismissed.

Strategy:  On the first Court date, I attended with Jennifer and her family. Before Court started, I asked the Clerk if I could see Jennifer's Information. I always look to see if the Information is properly before the Court. There was a problem. There was no proof that Jennifer had been properly served. This meant that, if Jennifer did not voluntarily appear in Court, the Judge would have to dismiss the charge by marking it "on an error." Jennifer and her family waited outside. I attended Court, and asked to speak to her matter as a friend of the Court, not as her lawyer. (I did not want the Crown to argue that I had cured the problem by attending on her behalf.) The Judge marked Jennifer's matter "on an error." Afterwards, the Crown had the option of re-commencing the proceeding.

Results:  We waited. Nothing happened. Jennifer was not served or charged again. The case was over before it got started.

READ THE COURT TRANSCRIPT OF THE PROCEEDINGS
READ JENNIFER'S TESTIMONIAL