Red Deer Criminal Defence Lawyer - It is essential to be informed concerning 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 concerned, commonly a boyfriend or spouse. It is not unusual for the complainant to try to have the charges withdrawn later on.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 will, in almost each situation, oppose bail variations in order to enable for communication between the accused and the alleged victim. The person charged would not be permitted to go back to the house.
If you are charged with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Breach of Recognizance, Criminal Harassment or Threatening, you should not try to argue with the prosecuting attorney or police regarding the charges. You need to get in touch with a lawyer at once. Our skilled criminal lawyers are well known for their results representing their clients' rights in the Courts. We will guide you all through the procedure and ensure that you uphold all your rights. We are discrete and would maintain your confidentiality.
There are several queries often asked about assault cases. The following answers normally apply to most cases. Then again, a lawyer has to review the factual basis of the allegations to be able to arrive at an informed response. Call us for a free consultation for answers to any queries you may have.
1. Can charges be withdrawn by the victim?
No, once a charge is laid the authority to withdraw a charge lies just with the prosecuting attorney, who in most cases will not withdraw a domestic assault charge. Nevertheless, the Crown will take into consideration the victim's view prior to deciding on the right course of action to take.
2. Can I get bail?
There are different things influencing bail decisions. The court would take into account the nature of the allegations, past criminal records, and any history of violence between partners. If there is a surety accessible, 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 not allowed if the bail stipulates that there must be no indirect or direct communication. Do not telephone, text, facebook or e-mail your spouse. Even sending a message through a buddy will 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 happens if the complainant gets in contact with me?
Occasionally the complainant would try to contact the accused to make amends. However, whichever communication (if not allowed by bail) between the accused and victim is considered a breach, even if initiated by the complainant.
5. Would my case lead to a criminal record?
This will ultimately depend on the facts of every situation and can just be answered after evaluating the particulars. In some cases, prosecution may 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 without charge, wherein we could provide you with an estimate. All cases are different. The cost depends upon various things, such as difficulty and the time required. Assault cases need careful attention and trial preparation. In several situations, witnesses will be interviewed and medical evidence would be included.
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