Peterborough Criminal Defence Lawyer - In domestic dispute cases, it is essential to be informed regarding the law. Within cases of domestic disputes where the police are called, the police would lay criminal charges versus the party involved, commonly a boyfriend or spouse. It is not rare for the complainant to attempt to have the charges withdrawn later. On the other hand, 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 will, in almost every situation, oppose bail variations to be able to allow for communication between the alleged victim and the accused. The person charged will not be allowed to return to the house.
If you are charged with Assault, Assault Cause Bodily Harm, Assault with a Weapon, Breach of Recognizance, Criminal Harassment or Threatening, you should not attempt to argue with the prosecuting attorney or police regarding the charges. You should contact a lawyer at once. Our skilled criminal lawyers are well respected for their results representing the rights of their clients in the Courts. We will guide you throughout the procedure and make sure that you uphold all your rights. We are discrete and would maintain your confidentiality.
Concerning cases involving assault, there are several queries that are often asked. Usually, the following answers apply to most cases. Nevertheless, a lawyer has to review the factual basis of the allegations in order to arrive at an informed response. Get in touch with us for a free consultation for answers to any queries you may have.
1. Can the victim withdraw the charges?
No, when a charge is laid the authority to withdraw a charge lies only with the prosecuting attorney, who in the majority of cases will not withdraw a domestic assault charge. Nevertheless, the Crown will take into account the victim's view before deciding on the proper course of action to take.
2. Can I get bail?
The factors which influence a bail hearing decision can vary quite significantly. Courts will take into consideration, the nature of the allegations, past criminal records, and whatever history of violence between partners. If there is a surety accessible, the court would like to know if the accused can live with the surety.
3. Can I return home and/or communicate with my spouse?
All communication is not allowed if the bail stipulates that there must be no direct or indirect 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 would cause you being sent back to jail for another bail hearing.
4. What occurs if the complainant contacts me?
At times the complainant will try to contact the accused to make amends. Nonetheless, any communication (if not allowed by bail) between the accused and victim is considered a breach, even if initiated by the complainant.
5. Will my case cause a criminal record?
This depends on the particulars of the case and can just be answered with a review of the details. Within minor situations, 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 initial consultation is provided for free, wherein we could provide you with an estimate. All cases are unique. The cost depends upon several factors, like for instance the time required and the difficulty. Assault cases need careful attention and trial preparation. In some situations, witnesses would be interviewed and medical proof would be involved.
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