Milton Ontario Criminal Defence Lawyer - In domestic dispute cases, it is vital to be informed about the law. Within cases of domestic disputes where the police are called, the police will lay criminal charges against the party implicated, usually a spouse or boyfriend. It is not rare for the complainant to try to have the charges withdrawn later on. On the other hand, 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 would, in practically each situation, oppose bail variations to allow for communication between the accused and the alleged victim. The individual charged would not be permitted to return to the home.
If you are charged with Assault, Assault Cause Bodily Harm, Assault with a Weapon, Threatening, Breach of Recognizance or Criminal Harassment, you must not try to argue with the prosecuting attorney or police regarding the charges. You must call a lawyer at once. Our knowledgeable criminal lawyers are well respected for their results representing their clients' rights in the Courts. We will guide you all through the procedure and make sure that you uphold all your rights. We are discrete and would maintain your confidentiality.
There are several queries usually asked concerning assault cases. The following answers usually apply to nearly all situations. Nevertheless, a lawyer must review the factual basis of the allegations in order to arrive at an informed response. Contact us for a free consultation for answers to whichever queries you might have.
1. Can charges be withdrawn by the victim?
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 will not withdraw a domestic assault charge. Nevertheless, the Crown will consider the victim's view before deciding on the correct course of action to take.
2. Can I get bail?
There are different aspects influencing bail decisions. The court would take into consideration the nature of the allegations, past criminal records, and whichever 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 return home and/or communicate with my spouse?
All communication is not allowed 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 via a pal will be considered a breach of the provision in your bail. Such a breach will cause you being sent back to jail for a different bail hearing.
4. What occurs if the complainant contacts me?
A lot of times it is the complainant who tries to call the accused to make amends. Nonetheless, if communications are restricted by bail, whatever communication between the victim and accused is considered a breach.
5. Would my case result in a criminal record?
This would ultimately depend on the details of every situation and can just be answered after reviewing the details. Within several situations, 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?
We provide an initial free consultation during which we would give you an estimate. Every case is different. The cost depends upon different aspects, like complexity and the time needed. Assault cases require trial preparation and careful attention. Within various situations, medical evidence would be included and witnesses would be interviewed.
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