Markham Criminal Defence Lawyer - It is vital to know about the law in problems related to charges laid in domestic dispute cases. In domestic disputes where police are called, the police would lay criminal charges versus the party implicated, commonly a boyfriend or spouse. It is not rare for the complainant to try to have the charges withdrawn afterward. However, once police have laid charges, the alleged victim has no control over the decision to continue with prosecution. The charges cannot be dropped. The prosecution will, in almost each case, oppose bail variations so as to enable for communication between the accused and the alleged victim. The person charged would not be allowed to return to the house.
If you are charged with Assault, Assault Cause Bodily Harm, Assault with a Weapon, Breach of Recognizance, Criminal Harassment or Threatening, you must not attempt to argue with the police or prosecuting attorney concerning the charges. You should call a lawyer right away. Our skilled criminal lawyers are well known for their results representing the rights of their clients in the Courts. We would guide you throughout the procedure and make certain that you uphold all your rights. We are discrete and will maintain your confidentiality.
There are some questions usually asked about assault cases. The following answers usually apply to the majority of situations. Nonetheless, 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 queries you might have.
1. Can charges be withdrawn by the victim?
No, when a charge is laid the authority to withdraw a charge lies just with the prosecuting attorney, who in nearly all cases would not withdraw a domestic assault charge. Nevertheless, the Crown would consider the victim's view before deciding on the correct course of action to take.
2. Can I get bail?
There are a variety of factors influencing bail decisions. The court would consider the nature of the allegations, past criminal records, and any history of violence between partners. If there is a surety available, 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 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 through a buddy will be considered a breach of the provision in your bail. Such a breach would result in you being sent back to jail for a different bail hearing.
4. What occurs if the complainant contacts me?
Occasionally the complainant will attempt to make contact with the accused to make amends. Nonetheless, whatever communication (if not allowed by bail) between the victim and accused is considered a breach, even when initiated by the complainant.
5. Would my case result in a criminal record?
This depends on the facts of the case and can just be answered with a review of the facts. Within minor situations, the prosecution can consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much cash would I end up spending?
Our initial consultation is given for free, during which we could provide you with an estimate. All cases are different. The cost depends upon several aspects, like the time needed and the difficulty. Assault cases need trial preparation and careful attention. In various cases, witnesses will be interviewed and medical proof will be included.
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