I need advice

hello i am charged with sexual assault and was wondering how much my account of what happened taken by police can encriminate me and if i can reverse its use on me if it can be

Asked 11 months ago in Ontario
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer


Sorry to hear about the Sexual Assault charge.

If you provided a statement to the police, any part of that statement or all of it can be introduced by the Crown.  If you made incriminating remarks, the Crown surely will attempt to rely on your statement for the truth of its contents.

The two ways to avoid this situation is if your lawyer (1) can demonstrate that there was a Charter infringement (such as an infringement of your rights to counsel), and thereby attempt to exclude the statement; (2) successfully challenges the "voluntariness" of the statement.

Andrew Captan
Toronto Criminal Lawyer

Posted 11 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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