Regina Criminal Defence Lawyer - In domestic dispute situations, it is essential to know about the law. Within situations of domestic disputes where the police are called, the police would lay criminal charges versus the party involved, commonly a spouse or boyfriend. It is not unusual for the complainant to attempt to have the charges withdrawn afterward. Then again, once police have laid charges, the alleged victim has no control over the decision to proceed with prosecution. The charges cannot be dropped. The prosecution would, in practically each situation, oppose bail variations to enable for communication between the alleged victim and the accused. The individual charged will not be allowed to go back to the house.
You should not attempt to argue with the prosecuting attorney or police concerning the charges, if you happen to be charge with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Criminal Harassment, Threatening or Breach of Recognizance. Getting in touch a lawyer must be done immediately. Our experienced criminal lawyers are recognized for their results representing their clients' rights in the Courts. We will guide you through the process and make certain that you uphold all your rights. We are discrete and will maintain your confidentiality.
Regarding situations involving assault, there are several queries which are usually asked. Usually, the following answers apply to the majority of cases. Then again, a lawyer should review the factual basis of the allegations to be able to arrive at an informed response. Call us for a free consultation for answers to any queries you may have.
1. Can the victim withdraw the charges?
No, once a charge is laid the authority to withdraw a charge lies only with the prosecuting attorney, who in most cases will not withdraw a domestic assault charge. Nonetheless, the Crown will consider the victim's view before deciding on the correct course of action to take.
2. Can I get bail?
There are different things influencing bail decisions. The court would take into consideration past criminal records, the nature of the allegations, and whichever history of violence between partners. If there is a surety available, the court will want to know if the accused can live with the surety.
3. Can I return home and/or communicate with my spouse?
All communication is forbidden if the bail stipulates that there should be no direct or indirect contact. Do not telephone, text, facebook or e-mail your spouse. Even sending a message through a friend will be considered a breach of the provision in your bail. Such a breach will cause you being sent back to jail for a different bail hearing.
4. What occurs if the complainant gets in contact with me?
Occasionally the complainant would try to call the accused to make amends. However, any communication (if restricted by bail) between the victim and accused is considered a breach, even when initiated by the complainant.
5. Will my case lead to a criminal record?
This will eventually depend on the details of each and every case and can only be answered after evaluating the particulars. Within several situations, prosecution may consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much cash will I end up spending?
We offer a first free consultation during which we will provide you with an estimate. Each case is different. The cost depends upon various aspects, like for instance difficulty and the time required. Assault cases need trial preparation and careful attention. Within various situations, witnesses would be interviewed and medical proof would be involved.
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