Prince George Criminal Defence Lawyer - In domestic dispute situations, it is essential to be informed about the law. In situations of domestic disputes where the police are called, the police would lay criminal charges against the party concerned, commonly a boyfriend or spouse. It is not uncommon for the complainant to attempt to have the charges withdrawn later. Nonetheless, 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 almost every case, oppose bail variations so as to allow for communication between the alleged victim and the accused. The individual charged will not be permitted to go back to the home.
You must 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, Breach of Recognizance, Criminal Harassment or Threatening. Contacting a lawyer must be done at once. Our experienced criminal lawyers are recognized for their results representing their clients' rights in the Courts. We will guide you all through the procedure and make sure that all your rights are upheld. We are discrete and would maintain your confidentiality.
There are some questions usually asked about assault cases. The following answers usually apply to most situations. However, a lawyer should review the factual basis of the allegations to be able to arrive at an informed response. Make contact with us for a free consultation for answers to any questions you might have.
1. Can charges be withdrawn by the victim?
No, as soon as a charge is laid the authority to withdraw a charge lies only with the prosecuting attorney, who in most cases would not withdraw a domestic assault charge. Nevertheless, the Crown would take into account the victim's view previous to deciding on the right course of action to take.
2. Can I get bail?
There are various aspects influencing bail decisions. The court will take into account the nature of the allegations, past criminal records, and whatever history of violence between partners. If there is a surety obtainable, the court would want to know if the accused can live with the surety.
3. Can I communicate with mu spouse and/or return home?
All communication is not allowed if the bail stipulates that there must be no direct or indirect communication. Do not text, telephone, e-mail or facebook your spouse. Even sending a message via a buddy would be considered a breach of the provision in your bail. Such a breach will result in 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 will try to make contact with the accused to make amends. Nonetheless, whichever communication (if restricted by bail) between the accused and victim is considered a breach, even if initiated by the complainant.
5. Will my case cause a criminal record?
This would ultimately depend on the facts of each and every case and can just be answered after reviewing the facts. In some situations, prosecution might consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much would I end up spending?
Our first consultation is given without charge, during which we can give you an estimate. All cases are different. The cost depends upon several things, such as the time required and the complexity. Assault cases demand trial preparation and careful attention. Within various cases, medical proof will be involved and witnesses will be interviewed.
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