Langley Criminal Defence Lawyer - In domestic dispute situations, it is essential to be informed about the law. Within cases of domestic disputes where the police are called, the police would lay criminal charges versus the party involved, commonly a spouse or boyfriend. It is not rare for the complainant to try to have the charges withdrawn later on. Nonetheless, when 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 practically each and every situation, oppose bail variations to be able to allow for communication between the alleged victim and the accused. The individual charged will not be allowed to go back 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 try to argue with the police or prosecuting attorney regarding the charges. You should call a lawyer immediately. Our skilled criminal lawyers are well respected for their results representing the rights of their clients in the Courts. We would guide you during the procedure and ensure that all your rights are upheld. We are discrete and would maintain your confidentiality.
Concerning situations involving assault, there are several queries which are frequently asked. Usually, the following answers apply to the majority of situations. Nevertheless, 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?
The answer is no. As soon as a formal charge is made, the authority to withdraw a charge lies only with the prosecuting lawyer. In nearly all situations, the prosecutor would not withdraw a domestic assault charge. However, the Crown will consider the victim's view previous to 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 take into account the nature of the allegations, past criminal records, and whichever 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 should be no indirect or direct communication. Do not telephone, text, facebook or e-mail your spouse. Even sending a message through a friend 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 touch with me?
Occasionally the complainant would attempt to call 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 facts of the case and can only be answered with a review of the details. In minor cases, the prosecution can consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much would I end up spending?
Our first consultation is given at no cost, wherein we can give you an estimate. All cases are unique. The cost depends upon different things, like for example the time needed and the complexity. Assault cases demand trial preparation and careful attention. In some situations, witnesses will be interviewed and medical proof will be included.
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