Richmond Criminal Defence Lawyer - It is essential to know regarding the law in issues regarding charges laid in domestic dispute situations. In domestic disputes where police are called, the police would lay criminal charges against the party concerned, usually a spouse or boyfriend. It is not rare for the complainant to try to have the charges withdrawn later. On the other hand, after 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 nearly every situation, oppose bail variations to allow for communication between the accused and the alleged victim. The individual charged will not be permitted to return to the home.
If you are charged with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Criminal Harassment, Threatening or Breach of Recognizance, you must not try to argue with the prosecuting attorney or police concerning the charges. You need to make contact with a lawyer at once. Our knowledgeable criminal lawyers are well respected for their results representing the rights of their clients in the Courts. We would guide you through the procedure and ensure that you uphold all your rights. We are discrete and would maintain your confidentiality.
Regarding situations involving assault, there are some questions which are frequently asked. Usually, the following answers apply to the majority of cases. Nonetheless, a lawyer should review the factual basis of the allegations to be able to arrive at an informed response. Get in touch with us for a free consultation for answers to whatever questions you might 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 Can charges be withdrawn by the victim?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 situations will not withdraw a domestic assault charge. Nonetheless, the Crown would consider the victim's view previous to deciding on the right course of action to take.
2. Can I get bail?
There are a variety of things influencing bail decisions. The court would consider past criminal records, the nature of the allegations, and any history of violence between partners. If there is a surety obtainable, 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?
Communication is not allowed if the bail stipulates that there is to be no direct or indirect communication; which means that you must not telephone, text, e-mail, facebook your spouse. Even sending a message through a friend 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 takes place if the complainant contacts me?
At times the complainant would attempt to contact the accused to make amends. Nevertheless, any communication (if not allowed by bail) between the accused and victim is considered a breach, even when initiated by the complainant.
5. Will my case lead to a criminal record?
This will eventually depend on the particulars of every case and can just be answered after reviewing the details. In some cases, 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?
Our initial consultation is given at no cost, wherein we can give you an estimate. All cases are unique. The cost depends upon several factors, like for example the time required and the complexity. Assault cases require trial preparation and careful attention. Within various situations, witnesses would be interviewed and medical proof will be involved.
Click to Download the pdf