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warrants - Click HERE for Original Thread

uppercut
a friend of mine received 2 warrants one for resisting arrest and one for reckless driving, what would be the fines/penalties?

dtjohnst
Warrants? So you mean he has been arrested, he was issued a summons, or he's "at large" but police are looking for him and have a warrant for his arrest? If they're looking for him and you know where he is, best turn him in before you get dinged for aiding a fugitive of the law.

Reisting arrest:

quote:
From the Criminal Code of Canada - http://laws.justice.gc.ca/en/C-46/267225.html
129. Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(e) an offence punishable on summary conviction.
So, no more than 2 years in jail, or a judge will decide the fine/penalty. If found guilty, I hope your friend doesn't like travelling or applying for new jobs. I also hope he isn't in a job where he's required to be bondable or have any form of enhanced reliability check or security clearance. I also hope he doesn't want to be a professional pilot.

If he's at large and wanted and you know where he is and do nothing, you could go to jail for no more than half the time of the maximum he could be sentenced for, so 1 year, or you could be tried in summary trial and have a judge decide a fine/punishment. Plus you also having a criminal record and facing the problems mentioned in the previous paragraph.

Maybe someone can add this next one to a sticky. Seems these "how much is XXXXXXXXX ticket?" questions are getting pretty numerous.

Offences and Penalties under the TSA and Regulations. http://www.infratrans.gov.ab.ca/INF...splquickref.pdf

By reckless driving, I assume you mean TSA 115(2)(b) driving carelessly. If not, can you please provide the act and section he was charged under. For driving carelessly, he's looking at $402. Same as street racing and stunting.

DeathBy240
Call a lawyer. :rolleyes:

Vive le Quebec
quote:
Originally posted by DeathBy240
Call a lawyer. :rolleyes:


yup. those are bad charges...

was he arrested and released? if so, that's not a warrant, that's a "Promise To Appear". a warrant is issued if he fails to respond to the PTA and misses his court date, then he's charged again for Failure To Appear...and then it just spirals from there.

SilverNeonRacer
quote:
From the Criminal Code of Canada - http://laws.justice.gc.ca/en/C-46/267225.html
129. Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or



Section B there sounds like if you're walking down the street and a cop is arresting somebody, needs help, asks you for help, you shake your head no and keep walking you can be arrested... hmmm

GQsmooth
the 2 yrs in jail is bs, unless you have already committed something like that before...That's basically the max sentence you can get.

If it's a first offence, the charges will be a lot more leniant, i.e. community service/fines...

kouki240
quote:
Originally posted by uppercut
a friend of mine


:rolleyes:

dtjohnst
quote:
Originally posted by GQsmooth
the 2 yrs in jail is bs, unless you have already committed something like that before...That's basically the max sentence you can get.

If it's a first offence, the charges will be a lot more leniant, i.e. community service/fines...



Rapists have been sentenced to time served and people have gone to jail for 2 years for a first offence of hunting out of season. It's all up to the judge. It really wouldn't surprise me to hear they got 2 years for driving with a suspended licence. Besides, if they've already done something like that, the sentence can be higher. But you're right, it's a maximum, the penalty certainly might end up being less.




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