Belleville Criminal Defence Lawyer - In domestic dispute situations, it is essential to be informed concerning the law. Within situations of domestic disputes where the police are called, the police would lay criminal charges against the party implicated, commonly a spouse or boyfriend. It is not rare for the complainant to try to have the charges withdrawn afterward. Nevertheless, 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 nearly every case, oppose bail variations to allow for communication between the alleged victim and the accused. The individual charged would not be allowed to go back to the house.
You should not attempt to argue with the prosecuting attorney or police about the charges, if you happen to be charge with Assault, Assault Cause Bodily Harm, Assault with a Weapon, Breach of Recognizance, Criminal Harassment or Threatening. Getting in touch a lawyer should be done at once. Our skilled criminal lawyers are well known for their results representing their clients' rights in the Courts. We would guide you all through the procedure and ensure that all your rights are upheld. We are discrete and will maintain your confidentiality.
There are several queries often asked about assault cases. The following answers usually apply to nearly all cases. However, a lawyer must 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 any queries you might 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 the majority of situations, the prosecutor will not withdraw a domestic assault charge. However, the Crown will take into account the victim's view prior to deciding on the right course of action to take.
2. Can I get bail?
The things that influence a bail hearing decision can vary rather considerably. Courts would take into consideration, 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 is to be no indirect or direct contact. Do not text, telephone, facebook or e-mail your spouse. Even sending a message via a pal would be considered a breach of the provision in your bail. Such a breach will cause you being sent back to jail for another bail hearing.
4. What happens if the complainant contacts me?
Occasionally the complainant would try to make contact with the accused to make amends. Then again, whatever communication (if restricted by bail) between the victim and accused is considered a breach, even if initiated by the complainant.
5. Would my case cause a criminal record?
This depends on the particulars of the case and can only be answered with a review of the particulars. Within minor cases, the prosecution might consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much money will I end up spending?
Our first consultation is given without charge, wherein we could give you an estimate. All cases are unique. The cost depends upon various things, like for example difficulty and the time needed. Assault cases require trial preparation and careful attention. Within some situations, witnesses will be interviewed and medical evidence will be included.
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