Waterloo Criminal Defence Lawyer - In domestic dispute cases, it is important to know concerning the law. In situations of domestic disputes where the police are called, the police will lay criminal charges versus the party concerned, normally a spouse or boyfriend. It is not unusual for the complainant to try to have the charges withdrawn later. Then again, once police have laid charges, the alleged victim has no control over the decision to continue with prosecution. The charges cannot be dropped. The prosecution would, in nearly each and every case, oppose bail variations to be able to enable for communication between the accused and the alleged victim. The person charged will not be allowed to go back 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 police or prosecuting attorney concerning the charges. You must contact a lawyer right away. Our skilled criminal lawyers are recognized for their results representing the rights of their clients in the Courts. We would guide you all through the procedure and make certain that all your rights are upheld. We are discrete and will maintain your confidentiality.
There are several queries usually asked concerning assault cases. The following answers generally apply to nearly all situations. However, a lawyer should review the factual basis of the allegations to be able to arrive at an informed response. Call us for a free consultation for answers to whatever queries you might have.
1. Can charges be withdrawn by the victim?
No, when a charge is laid the authority to withdraw a charge lies only with the prosecuting attorney, who in nearly all cases would not withdraw a domestic assault charge. Nonetheless, the Crown will take into consideration 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 whichever history of violence between partners. If there is a surety accessible, the court will 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 not allowed if the bail stipulates that there must be no direct or indirect communication. Do not text, telephone, facebook or e-mail your spouse. Even sending a message through a buddy 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 gets in touch with me?
Many times it is the complainant who tries to get in touch with the accused to make amends. Nonetheless, if communications are not allowed by bail, any communication between the victim and accused is considered a breach.
5. Would my case cause a criminal record?
This will ultimately depend on the particulars of each and every situation and can just be answered after reviewing the facts. In several cases, prosecution might consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much would I end up spending?
We give an initial free consultation wherein we will provide you with an estimate. Each case is different. The cost depends upon various aspects, like complexity and the time required. Assault cases require careful attention and trial preparation. Within various cases, medical proof would be included and witnesses would be interviewed.
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