Reza's Case — Fraud & Bench Warrant — Withdrawn

Client:  Reza, Accused
Complainant:  Eaton's Department Store
Charges: Fraud Over $1000, Fraud Under $1000, and Fail to Appear Court

Background:  Reza was arrested on fraud charges in 1990. He afterwards failed to attend Court, and a bench warrant was issued for his arrest. Hoping to leave the whole mess behind, Reza moved to Vancouver. But the charges and the bench warrant continued to shadow him: for example, when crossing the border or when stopped by the police. The authorities out west had become aware of his bench warrant, but the police in Toronto didn't take steps to bring him back (likely because of the costs involved). If Reza returned to Toronto on his own, he could be taken into custody and also charged with "failing to appear in Court." In absconding, Reza had hoped to solve the problem. All he really did was exile himself from Toronto and bring years of worry. By the time he contacted me, over 15 years had come and gone. Reza was tired. He felt haunted by his past. He wanted closure.

Goals:  Reza hoped to avoid going into custody and receiving a criminal record. This meant getting the bench warrant rescinded, the charges withdrawn or dismissed, and convincing the Crown not to lay a fail-to-appear charge. That was a tall order I couldn't guarantee, but, given the age of the matter, it was a goal I could work towards.

Strategy:  My first step was to order from the Court Clerk a copy of the charges and the bench warrant. With that in hand, I contacted the Crown to try and negotiate a solution. The Crown wanted Reza to return to Toronto where he would be arrested and processed in the normal fashion. I argued that this would be unfair, as it would involve jail time on charges which might be dismissed at trial (after all, the case was very old and the corporate victim no longer existed). I suggested that I attend Court on Reza's behalf, have the bench warrant rescinded, and schedule the trial. The Crown agreed to speak to the officer in charge and to give the case some further thought. I informed Reza of my meeting with the Crown. We patiently waited for a response.

Results:  The Crown called two weeks later. She wasn't prepared to concede that the Crown had no reasonable prospect of conviction, but she did express concerns about their ability to prosecute. The Crown proposed that we make a $1000 donation to charity. The bench warrant would then be rescinded and all charges withdrawn. We agreed. The problem was solved in under 6 weeks.

READ THE COURT TRANSCRIPT OF THE WITHDRAWAL