Cambridge Criminal Defence Lawyer - It is vital to know about the law in matters concerning charges laid in domestic dispute situations. In domestic disputes where police are called, the police will lay criminal charges versus the party involved, normally a boyfriend or spouse. It is not unusual for the complainant to try to have the charges withdrawn afterward. However, 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 would, in almost every case, oppose bail variations to allow for communication between the accused and the alleged victim. The person charged will not be allowed to return to the house.
You should not attempt to argue with the police or prosecuting attorney concerning the charges, if you happen to be charge with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Threatening, Breach of Recognizance or Criminal Harassment. Calling a lawyer must be done right away. Our knowledgeable criminal lawyers are recognized for their results representing the rights of their clients in the Courts. We will guide you all through the process and make certain that all your rights are upheld. We are discrete and will maintain your confidentiality.
Concerning cases involving assault, there are some queries which are frequently asked. Usually, the following answers apply to the majority of cases. Nevertheless, a lawyer should review the factual basis of the allegations in order to arrive at an informed response. Contact us for a free consultation for answers to whatever questions you might have.
1. Can charges be withdrawn by the victim?
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 most situations, the prosecutor would not withdraw a domestic assault charge. Nevertheless, the Crown will take into account the victim's view previous to deciding on the proper course of action to take.
2. Can I get bail?
There are different factors influencing bail decisions. The court will take into consideration past criminal records, the nature of the allegations, and whichever history of violence between partners. If there is a surety available, 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?
Communication is not allowed if the bail stipulates that there is to be no direct or indirect contact; that means that you should 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 another bail hearing.
4. What happens if the complainant gets in contact with me?
Occasionally the complainant will attempt to call the accused to make amends. However, 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 result in a criminal record?
This depends on the details of the case and can just be answered with an evaluation of the facts. Within minor cases, the prosecution can consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much money would I end up spending?
We offer a first free consultation during which we would give you an estimate. Each case is different. The cost depends upon several aspects, such as complexity and the time needed. Assault cases demand careful attention and trial preparation. Within several cases, medical proof would be involved and witnesses would be interviewed.
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