AI Legalese Decoder: Shedding Light on Failed Suicide Attempt Resulting in Criminal Charges – Understanding Severity and Likelihood of Dropped Charges
- May 13, 2024
- Posted by: legaleseblogger
- Category: Related News
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
Try Free Now: Legalese tool without registration
## Brother’s Suicide Attempt and Legal Situation
So, my brother (legal adult) attempted to take his life a few weeks ago by trying to shoot himself with a gun that he owned and was licensed for (they live in rural Ontario where gun ownership is more prevalent). Edited from my original post to clarify.
Fortunately, he was so drunk that he missed, and he called the cops on himself shortly thereafter. The incident took place outside of his home, on his driveway – he lives in a rural and isolated area, and only has one neighbor about 500m away.
He was taken to the hospital in handcuffs and the cops were stationed by his bed by the time I got there. They told me that the charges weren’t too serious and there was a good chance they would be dropped or he would simply face a “suspension” but no jail time.
My brother has since appeared before the court once for his first appointment (apologies, I don’t know all the technical terms), where the judge advised him that these charges were in fact serious, that he could be facing significant jail time, and advised that he retain proper counsel.
### Charges Against Him
He is charged with:
– Using a handgun in a careless manner – contrary to Section 88 (1) of the criminal code
– Using a handgun with the intent or purpose to cause danger to public peace – contrary to Section 88
– Improper storage of a handgun – contravening regulation 5(1)(b)(i) of the Storage, Display, Transportation, and Handling of Firearms by Individuals Regulation, contrary to Section 88(2) of the Criminal Code
– Improper storage of ammunition – contravening regulation 5(1)(c) (i) of the Storage, Display, Transportation, and Handling of Firearms by Individuals Regulation, contrary to Section 88(2) of the Criminal Code
#### AI Legalese Decoder Assistance
AI Legalese Decoder can help in this situation by analyzing the legal charges and providing a comprehensive breakdown of the potential consequences and legal options available. It can also suggest potential defenses and strategies for the case based on the circumstances and facts presented. Additionally, it can guide on how to navigate the legal process and provide information on available resources for legal representation, such as pro bono services or legal aid options.
He is a first-time offender – squeaky clean record before this. He was just in a really bad place mentally following his divorce. He has zero money. My family has zero money. He was initially going to try to use a public defender, but now I’m scared he could be facing jail time. I might be prepared to take a second mortgage on my home if needed, or to take out a loan to hire a good lawyer.
He has since sought help for his depression and is in counseling, he’s moved in with me, and has started a new job to try to get his life back on track.
Any advice in this situation? Should I be looking to raise finances for a solid attorney, or is this likely to be a minimal no-jail time charge because of the circumstances (he wasn’t trying to hurt anyone, turned himself in, was cooperative, etc.). Or do those circumstances not even matter?
Would really appreciate any help/advise this group can offer – this is a scary thing to have to navigate.
Update: He inquired about Legal Aid but apparently does not qualify, as he has been working at a new job for 2 weeks.
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
Try Free Now: Legalese tool without registration
AI LEGALESE DECODER: A SOLUTION FOR TRANSLATING LEGAL JARGON
Introduction:
Legal documents are notorious for their complex and often confusing language, filled with jargon and unfamiliar terminology. For the average person, trying to decipher these documents can be a daunting and overwhelming task. This is where AI Legalese Decoder comes in.
How AI Legalese Decoder Works:
AI Legalese Decoder is a groundbreaking technology that utilizes artificial intelligence and machine learning algorithms to analyze and translate legal documents into plain language. It is designed to simplify the process of understanding legal jargon and make legal information more accessible to the general public.
Benefits of AI Legalese Decoder:
One of the key benefits of using AI Legalese Decoder is its ability to break down complex legal terms and concepts into easy-to-understand language. By using this technology, individuals can quickly and easily navigate through legal documents without having to rely on expensive lawyers or legal professionals.
Furthermore, AI Legalese Decoder can help individuals make more informed decisions when it comes to legal matters. By providing clear and concise translations of legal documents, this technology empowers individuals to understand their rights and obligations, allowing them to take control of their legal affairs.
In addition, AI Legalese Decoder can save individuals time and money by reducing the need for costly legal consultations. Instead of spending hours trying to decipher legal jargon, individuals can simply input their documents into the AI Legalese Decoder and receive instant translations.
Overall, AI Legalese Decoder is a valuable tool for anyone who needs to navigate the complex world of legal documents. By simplifying legal jargon and making legal information more accessible, this technology is revolutionizing the way individuals interact with the legal system.
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
****** just grabbed a
The descriptions of the first two charges don’t match the section number. S. 88(1) is carrying a concealed weapon for a dangerous purpose. Careless use and using firearms to disturb the peace are different.
Assuming the section number is incorrect these are indeed serious charges.
However, just because they are serious doesn’t mean he *will* get lots of jail time, it just means he *could*. The judge at the first appearance has a list of charges and procedural info. They do not have your brother’s personal circumstances or the details of the offence.
He should absolutely get a lawyer. They will help minimize his prejudice and present this problem to crown and judge for what it is – a mental health issue.
E: to clarify – your brother has very mitigating circumstances. Any lawyer worth their salt could take those and get him a good deal. Legal Aid (Ontario’s version of a public defender system) just appoints private counsel on contract. I don’t know if Legal Aid Ontario permits you to request lawyers of choice but, if so, he can call different lawyers until he finds one that takes Legal Aid he likes, then request them.
I’m confused. The gun belonged to his landlord?
All those storage charges would be on the landlord.
Hi, firearms lawyer here, and several people have suggested talking to me:
First, I can’t give you specific legal advice here without the disclosure, which it sounds like you don’t have, and if I were to be giving specific legal advice it wouldn’t be on a Reddit thread.
Second, your criminal code section numbers are not correct, but that’s neither here nor there. The descriptions provide enough to work with here.
You should definitely be looking at a lawyer for this. Some of those charges are unlikely to stand. At least one of the charges is, if described correctly, invalid. And, with some proper negotation/etc, it’s possible there’s a resolution that avoids wrecking his life. But the charges as charged are serious, and need to be taken seriously.
The rules forbid me from recommending specific lawyers, and so I won’t, but I will say this in capital letters because it is absolutely essential: YOU NEED A LAWYER WHO IS INTIMATELY FAMILIAR WITH FIREARMS LAWS. Just because a lawyer says they handle firearms files does not mean that they know the Firearms Act and the intricacies of firearms law in and out, which is necessary to deal with this sort of file.
Several people who have identified themselves as lawyers on this thread have given information that is bad in various ways. This is an incredibly complicated, difficult, niche area of law.
Edit to add: I am the Ian Runkle that several other posters have referred to here.
The fact it was a handgun makes it a little more serious since it’s a restricted firearm and legally you cannot use one other than at a range. Vs non restricted you can use on private property assuming safety can be met and no bylaws against it.
All of these charges are typical for firearms whether it’s suicide or not. No different than the case in Milton where a homeowner used his firearm to defend himself. Charges have since been dropped though.
Ian Runkle on YouTube who is a Canadian lawyer has a video explaining it. In Canada you use a gun, be regardless of suicide or self defense, you will be charged.
Yes they are serious, as any firearms charge in Canada is.
He will almost certainly be losing his firearms license and probably get a lifetime ban on ownership.
Get a lawyer. Even tho the person he was intending on harming with the gun was himself, the charges are still valid and I have heard of many people getting charged with/convicted of crimes done when trying to commit. The type of punishment he gets for these will heavily rely on how much of an ass the judge/prosecution wants to be so absolutely get a lawyer
They are very serious charges. That being said, the s88 charge sounds absurd. Improper storage charges need more details to judge that.
I would like to think a crown attorney would consider that it was a suicide attempt and consider suitable diversion, but some crowns can be difficult and I have no idea what they are like in Ontario.
Your brother absolutely needs a lawyer because he shouldn’t get jail for this, but with a difficult prosecutor they might want it.
If he’s had his first appearance he should have gone to the crowns office to get his disclosure- when he does typically the crown will give a “screening form” which states what type of sentence the crown is seeking on a guilty plea- could be jail, could be probation, could be a fine – likely will be a firearms prohibition
You need to review that screening form and decide with your brother what he’s going to do
u/varsil Is a Canadian firearms lawyer who posts over at r/canadaguns & on YouTube about firearms law.
He or his videos may be able to help you. IANAL but the charges seem very serious.
Health care worker here – had a patient in this exact situation – in the end he relinquished the fire arm and no legal charge- his treating team provided letters of support on patients progress treatment and how legal issues would derail progress . Feels like kicking someone down given the circumstances but police have to do their job – they were actually quite compassionate given the circumstances . Hope that can give you some hope – all the best.
Edit : in Ontario there is something called mental health court – consider reaching out to Canadian mental health association and asking about their court outreach program – they may be able to give you some advice
Plenty of “good lawyers” work for Legal Aid. Google them, then call your local office and get into the program. They are there for people who don’t have money.
That doesn’t mean that they are worse lawyers. They get a salary, if they are staff lawyers, and have tarrifs and set payments if they are private. They are making a living and paying the bills and good at their jobs.
Beat of luck for your brother. Don’t even think of dealing with this without counsel. You’ll just dig his grave.
Hi there, criminal defence lawyer here.
Good chance a lawyer could convince the crown to drop the charges with some counseling done, given the circumstances.
If that doesn’t work and he wishes to plead guilty, there is very good recent caselaw on first offenders receiving conditional sentences or suspended sentences (no real jail) depending on their background. With his circumstances, again, I think this is likely.
*Also for ethical reasons, obviously this is not specific legal advice to him as I am not his lawyer nor have I seen his disclosure. He should hire a lawyer privately or through legal aid.
These are serious charges, The judge advised him to get proper council. If you read between the lines the judge might have been saying that get a proper lawyer because they’ll probably get these charges reduced or thrown out. a public defender just does not have the time or resources to build a case.
The fact is that the law was broken regardless of the circumstance so he was probably correctly charged, lawyer has the time and resources to go deeper into the evidence and case law and ask the court to get the case thrown out, or go through case law to find alternate arrangements/probation, or ask for a reduced sentence
I’m so sorry. This seems insane to me. I don’t know much about the law- I just always thought this isn’t how to address suicide attempts
He can kiss his gun license goodbye for sure.
Your bro should definitely start seeing a mental health professional. He needs counseling and may need medication. Would be helpful if he could show the court that he’s taking steps to avoid another crisis down the road too.
Get a lawyer. You don’t want him representing himself with the Crown.
Ah yes, gotta love the ‘true North strong and free’ where you wanna unalive yourself because you’re depressed and you’re faced with criminal charges for not succeeding in it.
Very nice system we got here. Absolutely nothing wrong with it. Very humane and caring.
Jaw drop.
This is a mental health crisis not a criminal offence. Let’s criminalize people struggling and having no will to survive. Fuck! I’m furious.
I have never seen charges laid in these situations.
I’m not a lawyer but if I was you, I would start consulting strong and expensive criminal lawyers with top notch reputations in your region. I would ask if they would take this case pro bono.
I know lots of people are telling you to get a lawyer… I wouldn’t. A public defender should be more than capable of handling this file. The facts aren’t in dispute, it’s in a rural area, it’s a mental health crisis, and your brother called the police himself and was cooperative. He was seeking help and did everything appropriately.
There will likely be an application to revoke his firearms licence, which he will almost certainly lose, but other than that, if everything you say is true, and he’s remorseful and taking steps to look after and improve his mental health, he’ll likely see a conditional sentence (no criminal record if he abides by his conditions not to possess weapons, reports to probation, and possibly attends some form of counselling).
I’ve arrested someone for intentionally discharging a shotgun into the air 3 times, less than 100m from his neighbours house, because he was pissed his neighbour was playing his music too loud in the morning…. Crown dropped all of the charges and didn’t even go after the guy’s firearms licence. This was in BC, so I don’t know if courts take crime more seriously in Ontario, but I doubt it.
Obviously a lawyer is preferred if you have the money, but if I were you, I wouldn’t be remortgaging my house over it. He’ll be fine.
Okay, to add on to everything here, find out who the assigned crown is, as in the the crown dealing with your brothers case. Your brother is going to either have to ask for a crown pretrial, which some crowns will do for self-rep individuals. Failing that, and if you don’t get a lawyer, they will generally set up a self-rep judicial pretrial. It is when your brother, a crown, and the judge will talk about the in a closed court setting. That is where your brother can try and have a conversation with a judge in order to explain his situation. But before all of this, try and apply for legal aid. In order to apply for legal aid you need a charge screening form, that should come with disclosure. Disclosure is the crown case against you. If you don’t get it within 6-8 weeks go to the courthouse where your case is being dealt with and go to the crowns office and ask. While at a courthouse ask the front office for various programs that help accused. Not sure how much support rural Ontario gets compared the cities but try and find bail program or the closer then the courthouse has to a mental health coordinator.
Some of the best lawyers in Ontario take legal aid. Apply to legal aid and research one that will best represent him. Legal aid will give you a list of lawyers in your area so go through that and see which one would best suit you. Also check out the law society of Ontario they will provide 30 minutes of free legal advice
I would get a lawyer and based on the previous cases I looked up on the court archives your brother will lose his guns and his rpal will be suspended. A lawyer could help with that being all and avoiding jail time. Also please get him help for his suicidal thoughts and if you are a firearm owner yourself look into getting firearm insurance. CCFR is a good place to start.
If your brother can get a lawyer, that would be best. That way they can put forward a proposal to the crown and make some/most of those charges go away. Crown and defence can craft a plan that addresses the safety of the public and the safety of your brother.
[removed]
[removed]
Highly likely to stick, so he will no longer be able to legally possess any firearms, which based on what you wrote, probably not a bad thing.
Gun crime is always possibly serious – I do suggest a lawyer because his circumstances can definitely be argued into a much better resolution but the charges on their face are serious.
You a good brother
You should reach out to the prosecutors office and speak with them about the specific nature of this incident. Prosecutors can drop charges and or make specific sentencing recommendations to judge.
Retain legal counsel and they will be in the best position to advise of the likelihood of him being sentenced to jail time.
Alternatively search court records online fo4 keywords…suicide, firearm, careless use etc.
Sorry to hear you and he are going through this
Thats extremely fucked up
I don’t get it, what’s the big deal? It’s not like he killed anybody…
Why not go all in. Attemped murder better lock him up boys. Fucking idiots.
How about suspended lisence for firearms and ban of ownership and liquidation of firearms and some free healthcare for his mental health.
I believe this is being done so he doesn’t have access to a gun in the future for his safety more so than as a punishment.
ACAB