Chilliwack Criminal Defence Lawyer - It is essential to be informed regarding the law in matters regarding charges laid in domestic dispute situations. In domestic disputes where police are called, the police will lay criminal charges against the party concerned, usually a boyfriend or spouse. It is not rare for the complainant to try to have the charges withdrawn later. Nonetheless, 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 practically each 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 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 attempt to argue with the prosecuting attorney or police concerning the charges. You need to make contact with a lawyer at once. Our experienced criminal lawyers are well known for their results representing the rights of their clients in the Courts. We would guide you during the process and make sure that you uphold all your rights. We are discrete and would maintain your confidentiality.
Concerning cases involving assault, there are several questions which are frequently asked. Normally, the following answers apply to the majority of situations. Nonetheless, a lawyer must review the factual basis of the allegations so as to arrive at an informed response. Call us for a free consultation for answers to whatever questions you might have.
1. Can the victim withdraw the charges?
The answer is no. Once 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 will take into consideration the victim's view previous to deciding on the correct course of action to take.
2. Can I get bail?
There are different aspects influencing bail decisions. The court will consider the nature of the allegations, past criminal records, and any history of violence between partners. If there is a surety available, 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 forbidden if the bail stipulates that there is to be no direct or indirect contact. Do not telephone, text, e-mail or facebook your spouse. Even sending a message via a pal would be considered a breach of the provision in your bail. Such a breach would cause you being sent back to jail for a different bail hearing.
4. What happens if the complainant contacts me?
A lot of times it is the complainant who attempts to call the accused to make amends. Then again, if communications are restricted by bail, any communication between the victim and accused is considered a breach.
5. Will my case lead to a criminal record?
This depends on the details of the case and can just be answered with a review of the particulars. In minor situations, the prosecution may consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much cash will I end up spending?
Our initial consultation is provided at no cost, during which we can give you an estimate. All cases are different. The cost depends upon various aspects, such as complexity and the time needed. Assault cases need trial preparation and careful attention. In several cases, medical proof would be involved and witnesses will be interviewed.
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