Burnaby Criminal Defence Lawyer - It is important to be informed regarding the law in issues about charges laid in domestic dispute cases. In domestic disputes where police are called, the police will lay criminal charges versus the party concerned, commonly a boyfriend or spouse. It is not uncommon for the complainant to attempt to have the charges withdrawn later on.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 will, in almost every case, oppose bail variations to allow for communication between the accused and the alleged victim. The individual charged will not be allowed to go back to the home.
If you are charged with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Threatening, Breach of Recognizance or Criminal Harassment, you must not try to argue with the prosecuting attorney or police about the charges. You need to phone a lawyer at once. Our experienced criminal lawyers are recognized for their results representing their clients' rights in the Courts. We will guide you throughout the procedure and make sure that all your rights are upheld. We are discrete and would maintain your confidentiality.
About cases involving assault, there are several queries which are frequently asked. Normally, the following answers apply to nearly all cases. Then again, a lawyer should review the factual basis of the allegations so as to arrive at an informed response. Make contact with us for a free consultation for answers to whatever questions you may have.
1. Can the victim withdraw the charges?
No, when a charge is laid the authority to withdraw a charge lies only with the prosecuting attorney, who in the majority of cases would not withdraw a domestic assault charge. Nonetheless, the Crown will consider the victim's view before deciding on the right course of action to take.
2. Can I get bail?
There are various aspects influencing bail decisions. The court would take into consideration the nature of the allegations, past criminal records, and whatever 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 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 contact. Do not text, telephone, facebook or e-mail your spouse. Even sending a message through 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 touch with me?
Occasionally the complainant will attempt to phone the accused to make amends. Nevertheless, whatever communication (if restricted by bail) between the accused and victim is considered a breach, even if initiated by the complainant.
5. Would my case cause a criminal record?
This depends on the particulars of the case and can only be answered with an evaluation of the particulars. In minor situations, the prosecution might consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much money would I end up spending?
Our first consultation is provided free of charge, during which we can give you an estimate. All cases are unique. The cost depends upon different factors, like difficulty and the time required. Assault cases need trial preparation and careful attention. In various cases, witnesses would be interviewed and medical proof will be included.
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