Abbotsford Criminal Defence Lawyer - It is important to know concerning the law within problems regarding charges laid in domestic dispute situations. In domestic disputes where police are called, the police would lay criminal charges versus the party involved, commonly a spouse or boyfriend. It is not uncommon for the complainant to attempt to have the charges withdrawn later on. However, after 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 nearly every situation, oppose bail variations to enable for communication between the accused and the alleged victim. The person charged would not be allowed to go back to the home.
If you are charged with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Breach of Recognizance, Criminal Harassment or Threatening, you must not attempt to argue with the police or prosecuting attorney concerning the charges. You need to make contact with a lawyer at once. Our experienced criminal lawyers are recognized for their results representing the rights of their clients in the Courts. We would guide you all through the procedure and ensure that all your rights are upheld. We are discrete and will maintain your confidentiality.
Concerning situations involving assault, there are several questions that are often asked. Usually, the following answers apply to nearly all cases. Then again, a lawyer needs to review the factual basis of the allegations in order to arrive at an informed response. Make contact with us for a free consultation for answers to any questions you may 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 Can charges be withdrawn by the victim?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 nearly all situations will not withdraw a domestic assault charge. Then again, the Crown will take into account the victim's view before deciding on the right course of action to take.
2. Can I get bail?
The aspects which influence a bail hearing decision can vary quite significantly. Courts will take into consideration, the nature of the allegations, past criminal records, and whichever history of violence between partners. If there is a surety obtainable, 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 is to be no direct or indirect contact. Do not telephone, text, facebook or e-mail 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 takes place if the complainant gets in contact with me?
Many times it is the complainant who attempts to make contact with the accused to make amends. Nonetheless, if communications are restricted by bail, whichever communication between the victim and accused is considered a breach.
5. Would my case lead to a criminal record?
This depends on the particulars of the case and can just be answered with an evaluation of the particulars. In minor cases, the 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?
Our initial consultation is given at no cost, wherein we could provide you with an estimate. All cases are unique. The cost depends upon several aspects, such as difficulty and the time required. Assault cases need careful attention and trial preparation. Within several cases, witnesses will be interviewed and medical evidence will be included.
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