Mississauga Criminal Defence Lawyer - It is vital to know about the law in problems about charges laid in domestic dispute cases. In domestic disputes where police are called, the police will lay criminal charges against the party involved, normally a spouse or boyfriend. It is not rare for the complainant to attempt to have the charges withdrawn later. Then again, when 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 almost every situation, oppose bail variations so as to allow for communication between the accused and the alleged victim. The person charged would not be permitted to go back to the house.
If you are charged with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Threatening, Breach of Recognizance or Criminal Harassment, you must not attempt to argue with the police or prosecuting attorney regarding the charges. You should call a lawyer at once. Our experienced criminal lawyers are recognized for their results representing the rights of their clients in the Courts. We will guide you through the procedure and make sure that all your rights are upheld. We are discrete and will maintain your confidentiality.
About cases involving assault, there are some questions that are often asked. Normally, the following answers apply to most cases. Then again, a lawyer should review the factual basis of the allegations so as to arrive at an informed response. Contact us for a free consultation for answers to whichever questions you may 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 Can charges be withdrawn by the victim?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 only with the prosecuting lawyer. In most cases, the prosecutor would not withdraw a domestic assault charge. However, the Crown would consider the victim's view before deciding on the correct course of action to take.
2. Can I get bail?
The aspects that influence a bail hearing decision can vary somewhat considerably. Courts will take into account, the past criminal records, the nature of the allegations, and whichever history of violence between partners. If there is a surety accessible, 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?
Communication is forbidden if the bail stipulates that there must be no indirect or direct contact; meaning that you must not text, telephone, e-mail, 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 result in you being sent back to jail for another bail hearing.
4. What takes place if the complainant contacts me?
Sometimes the complainant will try to phone the accused to make amends. Then again, whichever communication (if restricted by bail) between the victim and accused is considered a breach, even when initiated by the complainant.
5. Would my case cause a criminal record?
This depends on the details of the case and can just be answered with a review of the details. In minor cases, the prosecution might consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much would I end up spending?
Our first consultation is given without charge, during which we can give you an estimate. All cases are different. The cost depends upon an array of factors, like the time required and the difficulty. Assault cases require trial preparation and careful attention. In some cases, medical proof would be involved and witnesses would be interviewed.
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