Saskatoon Criminal Defence Lawyer - It is essential to be informed concerning the law in issues regarding charges laid in domestic dispute cases. In domestic disputes where police are called, the police would lay criminal charges against the party involved, normally a spouse or boyfriend. It is not rare for the complainant to try to have the charges withdrawn afterward. Nonetheless, 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 every case, oppose bail variations in order to allow for communication between the alleged victim and the accused. The individual charged would not be permitted to go back to the home.
You must not try to argue with the prosecuting attorney or police concerning the charges, if you happen to be charge with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Criminal Harassment, Threatening or Breach of Recognizance. Getting in touch a lawyer should be done right away. Our experienced criminal lawyers are well known for their results representing the rights of their clients in the Courts. We would guide you throughout the process and ensure that you uphold all your rights. We are discrete and would maintain your confidentiality.
Concerning situations involving assault, there are several queries which are frequently asked. Usually, the following answers apply to the majority of cases. Nevertheless, a lawyer needs to 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 whichever questions you might have.
1. Can charges be withdrawn by the victim?
The answer is no. When a formal charge is made, the authority to withdraw a charge lies just with the prosecuting lawyer. In the majority of cases, the prosecutor would not withdraw a domestic assault charge. Nonetheless, the Crown would consider the victim's view before deciding on the correct course of action to take.
2. Can I get bail?
The things which influence a bail hearing decision can differ rather considerably. Courts would take into consideration, the past criminal records, the nature of the allegations, and whatever history of violence between partners. If there is a surety available, 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?
Communication is not allowed if the bail stipulates that there is to be no direct or indirect communication; meaning that you must not telephone, text, facebook or e-mail your spouse. Even sending a message through a friend will be considered a breach of the provision in your bail. Such a breach will 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 will try to call the accused to make amends. Then again, any communication (if restricted by bail) between the accused and victim is considered a breach, even if initiated by the complainant.
5. Would my case lead to a criminal record?
This would ultimately depend on the facts of every situation and can just be answered after evaluating the facts. In some situations, prosecution may consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much would I end up spending?
We provide an initial free consultation during which we would provide you with an estimate. Every case is different. The cost depends upon an array of factors, such as the time required and the difficulty. Assault cases need careful attention and trial preparation. In several cases, witnesses would be interviewed and medical proof would be involved.
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