Jul 07, 2013 11:04 PM

Where's Sino, when I need him? :D

SINO! Answer this :D

SPOILER ALERT: They accepted a contract.

I was given a recognisance to sign once before. I had only started learning about commerce and law etc... I was clueless to be honest.

I wouldn't think signing a docket as a promise to appear would implicate you. If you refuse to sign it you may appear guilty. Once you're not signing as surety and solely as an honorable promise to appear to resolve the issue I'd imagine it should be alright...

As always though, I could be wrong... :p

He did say it was accepted under duress. It is through coercion and intimidation, therefore, is it not invalid/void?

Promise to Appear or Recognizance

If the officer believes there is grounds to make a warrantless arrest under s. 495(1), after concluding that s. 495(2) does not apply, and, the officer does not release on an appearance notice or summons under s. 497, then, the officer must release under s. 498 on a summons, a promise to appear or recognizance (without surety) once there is no further reason to detain the accused, if the offence for summary, hybrid or 553 offences, or any offence with a maximum penalty of five year jail and is not currently subject to a release process. That is, unless, under s. 498(1.1), the officer "believes, on reasonable grounds" that:

either: "it is necessary in the public interest that the person be detained in custody" or "that the matter of their release from custody be dealt with under another provision of this Part" while having regard to all the circumstances including the need to: establish the identity of the person, secure or preserve evidence of or relating to the offence, prevent the continuation or repetition of the offence or the commission of another offence, or ensure the safety and security of any victim of or witness to the offence; or "that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law."

A promise to appear is defined in s. 493 as requiring Form 10. It shall include the accused's name, the substance of the offence, a demand to attend court at a stated time and place.([s. 501(1))

Under s. 503(2.1), any promise to appear or recognizance can be made to include conditions, including:

to remain within a territorial jurisdiction, to notify the officer of any change of address, employment, or occupation, to abstain from communicating directly or indirectly with certain individuals, to abstain from attending certain locations, to deposit their passport, to abstain from possessing any firearm and to surrender any firearms licenses, to report at certain times to the police, to abstain from the consumption of alcohol or other intoxicating substances, to abstain from the consumption of drugs except in accordance with a medical prescription, and to comply with any other condition the officer in charge considers necessary to ensure the safety and security of any victim or witness.

I am on probation and now on a recognizance, since my last arrest 2 mths ago, with conditions. Appearing in court July 11, 2013 after getting my notice of mistake notarized. Is there anything else?

The way I see this is a Promise to appear seems to be a promise you've made that you will appear somewhere....and if you've put YOUR signature on it, it seems to me that you need to appear at that somewhere, if you put under duress and all rights reserved underneath your signature, you may inform them, when you'll appear where you've promised to appeared.... :/ (hope that make sense )

Leigh OftheHouseof Collins, I suggest to read and re-read Derek Hill's thread :D,

Ggeee, I'm I the only one in here that has NO problems with AUTHORATAY ??? :D

Yes I have pondered the same things you guys.Clubhouse rules say it is this,but is it?I signed under duress which makes the document invalid but I still appeared.Did I promise to appear to represent something that I am not.That sounds like a mistake to me.non

A HUGE mistake I would say :-D

Would another avenue approach be to attack the point of they are dealing with the PERSON and though they might have the right but NOT with the BODY? HABIAS CORPUS?

I would go there, explaine the truth, as I was kidnapped, got scared, signed what they asked me to sign UNDER DURESS, and reserved all rights, now I want to point out a MISTAKE, and go along with the notice of mistake....That is the way I get it as of now, in other words, TELLING THE TRUTH... :)

Leigh you dont get the notice notarized....

no. Affidavit notarized. :)

With the Writ of Habeas Corpus, he would have to be detained. He signed the promise to appear under duress so he is no longer detained, so the writ is now moot because they are not holding him without reason. His best action would have been for him not to appear and if they did bring him in to have had the notice of mistake to be served as soon as he appears before a justice. And do the same thing that Derek Hill did.

"once you have completed your affidavit with exhibit and it has been notarized, you then send that to the crown, file an affidavit of service and put it in the record" DH.

Thanks Derek for bringing that to my attention...could of been a Monday tomorrow.