Kitchener Criminal Defence Lawyer - In domestic dispute situations, it is vital to know regarding the law. Within cases of domestic disputes where the police are called, the police will lay criminal charges versus the party involved, normally a boyfriend or spouse. It is not uncommon for the complainant to try to have the charges withdrawn later on. 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 almost every situation, oppose bail variations in order to allow for communication between the alleged victim and the accused. The person charged will not be permitted to return to the house.
You should not attempt to argue with the prosecuting attorney or police about the charges, if you happen to be charge with Assault, Assault Cause Bodily Harm, Assault with a Weapon, Breach of Recognizance, Criminal Harassment or Threatening. Contacting a lawyer should be carried out immediately. Our experienced criminal lawyers are recognized for their results representing their clients' rights in the Courts. We would guide you during the process and make certain that you uphold all your rights. We are discrete and would maintain your confidentiality.
There are some questions usually asked about assault cases. The following answers usually apply to the majority of cases. Nonetheless, a lawyer needs to review the factual basis of the allegations in order to arrive at an informed response. Get in touch with us for a free consultation for answers to any questions you may have.
1. Can the victim withdraw the charges?
The answer is no. When a formal charge is made, the authority to withdraw a charge lies just with the prosecuting lawyer. In the majority of cases, the prosecutor would not withdraw a domestic assault charge. Nevertheless, the Crown would consider the victim's view before deciding on the proper course of action to take.
2. Can I get bail?
There are different factors influencing bail decisions. The court would take into consideration the nature of the allegations, past criminal records, and any history of violence between partners. If there is a surety obtainable, the court would like to know if the accused can live with the surety.
3. Can I communicate with mu spouse and/or return home?
All communication is forbidden if the bail stipulates that there must be no direct or indirect contact. Do not telephone, text, e-mail or facebook your spouse. Even sending a message via a friend would be considered a breach of the provision in your bail. Such a breach will cause you being sent back to jail for another bail hearing.
4. What happens if the complainant gets in touch with me?
Occasionally the complainant will attempt to make contact with the accused to make amends. Nevertheless, any communication (if not allowed by bail) between the accused and victim is considered a breach, even if initiated by the complainant.
5. Will my case lead to a criminal record?
This would eventually depend on the facts of each situation and can only be answered after reviewing the details. Within several cases, prosecution may consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much will I end up spending?
We give a first free consultation during which we would provide you with an estimate. Each case is unique. The cost depends upon various aspects, such as the time needed and the difficulty. Assault cases need trial preparation and careful attention. Within various situations, witnesses would be interviewed and medical evidence would be involved.
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