WHAT HAPPENED? Marco Souza is an 18 year old high school student. His father died two years ago and he has been having a hard time dealing with this. While he used to do well at school his grades have been falling. A couple of months after his father died, Marco began hanging out with a new group of friends, some of whom have a history of problems with the law. They have been a negative influence on Marco, and now he has a criminal record for dangerous driving because he and one of his new friends, Jason, took Jason's aunt's car on a joyride one night. Marco was not taken into custody for this offence and he did not have a bail hearing. At trial, he was found guilty, ordered to pay a fine and placed on probation for 12 months. Eight months later, Marco, Jason, and two other young men were allegedly caught breaking into a neighbour's house late at night. Marco was charged with: . Break and enter; - Assault; - Failure to comply with his probation order from the rst conviction (keeping the peace/good behaviour). Marco was taken into custody by the police. At his bail hearing, the justice of the peace released him on a $500 surety (which his mother supplied) and gave him a 9:00 pm. curfew. Marco is once again appearing before a justice of the peace at a bail hearing. Although he has not yet gone to trial for the break and enter incident, he was picked up by the police again because he and Jason allegedly stole a sign from inside a bar at 1:00 am. on a Saturday night. They were also allegedly in possession of a stolen vehicle that was parked outside the bar. The new charges Marco is facing are: - Theft under $5000; - Failure to comply with his probation order (keeping the peace / good behaviour); . Failure to comply with his curfew; - Possession of stolen goods over $5000. The Crown is seeking a detention order. This means that Marco would be denied bail and would remain injail until his trial. Generally, the Crown has the obligation of showing why the accused should not be released. However, in some cases (those involving more serious offences, or ones where the accused has previous charges, or previously failed to appear in court) the responsibility or "onus" is switched and the defence must explain why the accused should be released; this is called a "reverse onus". Since Marco has outstanding charges, it will be up to him to convince the justice of the peace that he does not pose a threat to society and that he will show up to court when ordered. Marco's mom is willing to act as his surety again, but is unable to come up with another $500 because she quit her job when Marco was charged with the most recent set of offences. Her brother (Marco's uncle) has recently moved into the home and plans to help support the family while Marco's mom remains at home and searches for part-time employment. SYNOPSIS OF CHARGES Name of Defendant Original Arrest Date Date of this Report Time SOUZA, Marco 20XX/09/24 20XX/ 09/25 08:00 Charge This Report Prepared by Rank Badge No Unit Possession Property obtained VLAD SOBOTKA PLI 0000 00 by crime (over) C. C. 354(1) SYNOPSIS FOR A GUILTY PLEA CHARGE #1 : Theft (under) C. C. 334 CHARGE #2: Failure to comply with probation C. C. 733.1 CHARGE #3: Failure to comply with recognizance C. C. 145 (3) CHARGE #4: Possession of property obtained by crime (over) C. C. 354 (1) DATE AND TIME: Saturday, September 24, 20XX, at approximately 1:00 AM LOCATION: 123 Fake Street, Brampton, ON VICTIM: DELLACOSTA, Aldo On Saturday, September 24, 20XX at approximately 12:30 a.m., PC SONAM was assigned to investigate a stolen property complaint at Nipsy McThirsty's Pub. PC SONAM received information that a pair of youths stole an electronic beer sign from the establishment. The witness, DELLACOSTA, indicated that he noticed the sign was gone after they left, at which point he saw them pulling away from the parking lot in a white panel van with a broken driver's side window. PC SONAM then patrolled the area and observed a white van, Ontario licence plate AAAA 000, proceeding southbound on Christie St., then followed it and observed that the driver's side window was broken. At approximately 1:00 a.m. , PC SONAM stopped the van and observed a sign matching the description given by the bar owner in plain view in the rear of the van. Further investigation on the two male occupants of the vehicle established that the accused SOUZA was in violation of the terms of his release on outstanding charges of Assault x 1, Breaking and Entering x 1, and fail to comply with probation x1. A CIVIL SOCIETY THROUGH EDUCATION AND DIALOGUE 2013 ojen.ca 5The driver, Jason KING, was unable to produce vehicle registration documents. Upon checking the license plates, PC SONAM discovered that the van had been reported stolen Both males were then arrested and advised of their rights to counsel. After an investigation at the scene and due to the accused SOUZA's outstanding charges, the officer was not satisfied that the accused would attend court if released on an appearance notice. The accused were transported to xx Division and held for a show cause hearing. Signature ofooerin Charge ofStaon Badge No 0000 ADRIANO GOUVEIA, PROPOSED SURETY #2 - MARCO'S UNCLE Your background: HOW CAN I PREPARE TO BE You are Marco's uncle and Isabela's brother. A GOOD WITNESS DURING You are 45 years old, unmarried, and have no THE HEARING? children. > Learn your facts by heart. You are very close to your sister Isabela and > You will be sworn in offered to move into her house to help support during the hearing and her and her family following Marco's second will need to spell your arrest. character's full name. Other information for your role: > Stick to the script. Don't You have a good relationship with Isabela's two make up facts because younger sons. You used to be close with Marco this is unfair to the other too, but feel that Marco has shut you out since students. his father died. > Listen to the questions You do not like Marco's new friends and believe carefully. If you do not that Marco has been negatively influenced by understand the question, them. You do not think that Marco would have then ask to have it engaged in criminal activity if he hadn't been repeated. hanging out with them. You have worked as a research technician for the > If you are asked a question federal government for the past 15 years and about something that isn't currently make $65,000 per year. in your package you can You do not own a house, and have given up the say you don't know the lease on your apartment in order to move in with answer. Isabela and her family. You are currently paying > Speak with the paralegals/ the rent on her apartment. agents/representatives for You own a 2007 Toyota Camry, and have savings your side ahead of time, in the amount of $40,000. and get into character You do not have a criminal record or any when you take the stand. outstanding criminal matters.I'VLJ ' ADRIANO GOUVEIA, PROPOSED SURETY#2 - MARCO'S UNCLE QUESTIONS YOU SHOULD THINK ABOUT WHEN PREPARING: Do you know what it means to be a surety? Can you explain what your responsibilities will be? Are you a stable member of the community in which the accused will reside upon release? What kind of relationship do you have with the accused? Are they likely to want to preserve this relationship? What do you think about the accused's recent behaviour? Do you think that the problems are permanent or do you see them improving? How could this change occur? What happened to allow the accused to breach their previous bail conditions? How would your involvement this time around make sure that they comply with the new conditions? What kinds of plans can you make in order to make sure that the accused does not breach any more conditions and shows up for trial? Who will help you? Can you provide any money for bail? How much?What nancial resources do you have? Is there anything else that you think the courtshould know about the accused