Two and a half years ago I was under criminal investigation for family violence as a result of false accusations from people who did not like me to say the least. I was never charged with any offence nor were the accusers. Upon receiving investigation disclosure in May 2009, I immediately made a complaint to the police of jurisdictions complaint department. My complaint is now being fully investigated. I have asked the investigation be re-opened and if there is evidence; proceed with criminal charges against those accusers, such as public mischeif. Is this a possibily?
Asked over 2 years ago in Toronto, Ontario
Categories:
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 British Columbia lawyer
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If a person deliberately provides police with a false or misleading statement, to get someone else in trouble, for example, a charge of public mischief could be laid and prosecuted. However, it is a difficult position to be in, as the police may well investigate and find the original information credible, or worse, corroborated by something else (however innocuous), and the charge that results may end up being the original false accusation. This might seem unlikely, but it is possible, and has happenned. Innocence is no guarantee against a criminal charge. I would strongly recommend that a person in these shoes obtain some legal advice from a lawyer in person, who could review the materials available and give you advice concerning the specific circumstances. Be careful.
Posted over 2 years 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 Timothy J Russell, search
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Ontario lawyer |
You state you received .."investigation disclosure in May 2009, I immediately made a complaint to the police of jurisdictions complaint department."
It is possible a public mischief charge could be laid - but there must be evidence the complainant knew it to be completely false. Public mischief also requires police or other government agencies to consume resources investigating the complaint. If police talked to the complainant once and decided not to charge you, little in the way of public resources were wasted so it becomes even less likely a charge would be laid.
I also agree with Mr. Russell that having police re-investigate could lead them to deciding to charge you with the original assault. It may be best to let "sleeping dogs lie" since you were never charged and did not have to pay money to defend anything.
Posted over 2 years 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 Stephanie Heyens, search
the Lawyer Directory, or use our free Lawyer Referral Service.
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