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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Ive had my life turned upside down by a little creep and an

Customer Question

I've had my life turned upside down by a little creep and an incompetent police officer. A neighbour I've had repeated problems with has alleged I assaulted and threatened him. He claims he called and filed a report the following day but in the "INFORMATION" I've been given there is no mention of damage of any kind, no witnesses, he also claimed I "forced" my way into his apt., but there is no mention of damage to him, his apt. or anything or anyone else. The cop involved simply waited until he was "directed" by this person to arrest me and then went and got a warrant. At no time have I been approached by anyone or asked for my version of the (non)event. Is it legal for a cop to get a warrant for someone based on 1 persons word with no investigation or attempt to confirm anything, no evidence whatsoever and nothing to support the allegations of the individual making the complaint ? What can I do about this injustice ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Sorry for the delay overnight. I just need to ask you some preliminary questions in order to give you an answer tailored to your situation.

What would you like to achieve over this situation ?
Customer: replied 3 years ago.

FOR JOMO1972



Hi Jo;



Thanks for your prompt response. What I would like to achieve is a "Not Guilty" verdict for myself, charges against this person for what he's done to me and is trying to do and possible civil litigation against the Abbotsford Police, Abbotsford, the province and whoever actually signed or authorized the warrant that was issued. I know the police these days simply download pre-signed warrants and simply fill in what they want, but I feel if this cop could get a warrant with no information, investigation, supporting evidence or anything other than this guy's word. I guess I'm being long-winded, but not guilty finding and then sue them.


Thanks;


JJM

Expert:  Jo C. replied 3 years ago.
What are you charged with?
Expert:  Jo C. replied 3 years ago.
Actually don’t worry. I can see what you are asking.

I can completely see why you are furious about this and the neighbour is obviously just a malingerer.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I’m afraid the police officer can certainly act upon this information. There was an allegation made against you. It has to be investigated. There are a whole load of human rights authorities that say the police must consider every allegation.

Also, the officer will not have a warrant. He doesn’t need one. He will have used his powers under PACE to make an arrest.

He is not allowed to ask you for your account at scene. That would be conducting a street interview which is prohibited under PACE because you have the right to the protection of a caution, solicitor and tape recording of what is said. Those are your rights not the neighbours.

You may well be acquitted at court. Sometimes witnesses are lying and sometimes they are disbelieved.

It is very unlikely that any charges will be brought against the neighbour I’m afraid.

You could sue the neighbour for defamation. That will cost in excess of £10-£25,000 and there is no legal aid.

If this is the first allegation then there isn’t really a prospect of suing for harassment either but long term that might be a possibility. You will find a very interesting article upon that here

http://www.1itl.com/news/270/

There is no claim against the police of any kind unfortunately. They were just responding lawfully to an allegation. I really wouldn’t waste your energy on that. They have done nothing unlawful.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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