After being criminally charged in Canada, the accused can either be released by the police or brought to court for a bail hearing. Release orders will have conditions that the accused must obey. A failure to obey any of the conditions can result in the accused being arrested and brought back to court. These terms and conditions are meant to ensure that the accused appears in court, does not commit any further crimes while on release, and does not interfere with the administration of justice.
This article will go through bail variations and the meanings of different terms.
What Is Bail Variation?
There are different bail conditions for every case, and they can vary depending on the charges. A variation of bail is when the court changes the conditions of an accused’s release. People must be aware that these bail conditions are meant to be intrusive and restrictive in their daily lives. A lawyer can help you vary your bail conditions if you find them to be too restrictive.
The easiest and the most cost-efficient method will involve seeking consent from the Crown. The prosecutor may agree to the variation or may not. If the prosecutor does not agree, then a bail review will be required.
A bail review can happen if someone was denied bail, or if their bail variation request has been denied. The steps are lengthy because they include the lawyer requesting transcripts, drafting an application, and then scheduling a hearing in front of a judge.
A legal basis is required for the bail review, which can either be an error in law or a material change in circumstances. The onus is on the accused to show that one of these two things has occurred.
Typical Bail Conditions
The most common bail conditions have to do with contact. This is especially true when it comes to cases that involve another person and an assault charge. Also, the accuser’s movements could be limited depending on their bail condition. Some of the most common bail conditions are:
- Follow a curfew
- No communication or indirect communication with the victim or co-accused
- Keep a certain distance away from the victim and their workplace, home, or education
- Do not have any weapons
- Follow the routine and discipline of the home
- Surrender passport
What Does Indirect Communication Mean?
Having indirect communication means conveying a message through a third party. An example would be asking someone else to relay a message to the person that should not be contacted by the accused. However, another popular means of indirect communication is posting messages and information on social media in a post for the person to see.
Does No-Communication Mean No Communication at All?
Yes; if there is a no-communication condition, there cannot be any communication. However, there can be exceptions to this condition, but they need to be approved and set out by the judge during the hearing. Typically, the exceptions are for contact through legal counsel for purposes of arranging the defence. Otherwise, there are no exceptions to the condition, and the accused will need to follow it.
How Can Someone Change a No-Communication Condition?
There are two ways for someone to change a no-communication condition:
- Consent Variation: This is when the prosecutor agrees to change the condition of release of the accused. The only way for this to happen is for negotiations between the defence and the Crown.
- Contested Proceeding: A contested bail review can only happen in court, but this is complicated because there is an application and litigation. It is highly recommended that a lawyer is involved in this process.
What Happens If the Person Contacts the Accused?
Many people are misguided and are told that if the person contacts the accused, they are allowed to answer, but they are not. There is no exception for the contact between the parties unless there is an exception to the bail conditions.
The accused needs to understand that all conditions regarding their bail are legal obligations. Also, the person named in the condition cannot change these conditions because it needs to be done through the court.
Will They Know if You are Out Past Curfew?
Do not be fooled by the idea of a curfew condition when out on bail because there are curfew checks. When bail is granted, the conditions will be monitored by the police themselves. If the accused is given a curfew, they need to be in the appointed residence by a specific time and cannot leave.
Police do come and complete random curfew checks to make sure that the accused is at the address provided and approved by the court. If the accused is not at their residence when a review is done, they would have breached their bail condition.
Stay Away from the Victim or Co-Accused
It may seem obvious, but it is good practice to avoid the victim or the co-accused during a criminal case. However, if this is written as a bail condition, the accused must follow this rule. The last thing they want is for the victim to say that they saw the accused at their place of work when they shouldn’t be there.
If the Accused Violated Their Bail Condition, Then What Happens?
First off, the person should never violate their bail condition, but if they do, then there could be some severe consequences. The person could be charged with breaching their release, which would lead to another criminal offence. When this happens, the police have every right to detain the accused at the police station until the next bail hearing.
Bail hearings usually happen within 24 hours, but if the court does not grant bail, the accused will be kept in custody until their trial.
Bail variations and reviews can be tricky and challenging to understand. Many people hire professionals to complete these steps because they want to make sure that it is done the first time correctly. Otherwise, it could be detrimental to the accused and their case.
Criminal convictions can have very serious, long-term consequences for immigrants. While many criminal convictions can disqualify someone from applying for work visas or permanent residency, immigrants who are already in Canada and are convicted of a crime may risk deportation.
Because of these severe possible implications, your or a loved one’s rights must be protected if they’re facing a criminal conviction. A skilled criminal lawyer can assist you.
Overview of Criminality Grounds
The Immigration and Refugee Protection Act contains several grounds for inadmissibility. However, the focus of this article will be on the criminal inadmissibility grounds outlined in S.36. This article does not include inadmissibility based on related reasons like security, human or international rights breaches, or organized criminality.
S.36 distinguishes between two types of criminal inadmissibility: (a) serious criminality [S.36(1)] and (b) criminality [S.36(2)]. Only foreign nationals are subject to the criminality ground 2. (e.g., temporary workers, students, and visitors). The serious criminality ground, on the other hand, is applicable to both foreign nationals and permanent residents. Hybrid offences are deemed to be indictable for immigration purposes, irrespective of whether the Crown proceeds summarily or by indictment
A removal order will normally be issued if a permanent resident or a foreign national is found inadmissible in Canada under S.36 unless he or she is eligible for relief.
Federal Offences, Provincial Offences and Juvenile Offences
Only offences resulting from federal legislation will result in inadmissibility, according to “an Act of Parliament.” This means that committing a crime under a provincial statute does not automatically make someone inadmissible to Canada. Any non-citizen sentenced as a youth will not face any direct immigration consequences.
As an example, under A36(1) and A36(2), a sentence for reckless driving under the Ontario Highway Traffic Act 4 would not result in inadmissibility. Consequently, an accused charged with dangerous driving under paragraph 320.19(5) of the Criminal Code 5 [which would be regarded a serious crime] who successfully reduced the accusation to careless driving would not be ineligible.
Conviction Usually Required
The use of the word “convicted” implies that a conviction must happen before inadmissibility can be imposed. As a result, non-conviction dispositions will not result in inadmissibility. The following are examples of dispositions that are not deemed convictions:
- An acquittal or stay of proceedings;
- An absolute or conditional discharge; or
- A recognizance under CCC 810 or a common law peace bond.
A suspended sentence, on the other hand, is regarded as a conviction. As a result, even if the accused is given a suspended sentence, he or she may still be found inadmissible.
Entering a Plea
Your criminal lawyer will often present you with several options for resolving your case. This can take the form of a “plea deal,” in which the Crown agrees to a specific punishment or just goes to trial. Many elements can influence someone’s decision to act one way or another, but it’s crucial to remember the Supreme Court of Canada case of R v. Wong, 2018 SCC 25.
It was determined that, among other things, a guilty plea entered by someone who does not understand the immigration implications of the plea may be void. To summarize, it is important to understand the immigration implications of your plea. A criminal lawyer will often advise their client to consult with an immigration lawyer, especially, if there are here on a visa or hold a permanent residency.
Future Removal from Canada
The Canada Border Service Agency (CBSA) usually gives you an opportunity to reply to their concerns before you are found inadmissible to Canada. If the CBSA believes they have grounds to deem you inadmissible to Canada for criminal reasons, they will report you to the Immigration Division. This is accomplished through a document known as the Section 44 Report.
If you are a Permanent Resident who is convicted of a crime that makes you inadmissible to Canada under section 36(1)(a) of the Immigration and Refugee Protection Act and the CBSA refers your case to the Immigration Division for an Admissibility Hearing via a Section 44 Report. The Immigration Appeal Division is the sole place where you can challenge the Deportation Order. Your access to the Immigration Appeal Division, on the other hand, is limited by the following:
- A permanent resident or a protected person can appeal a removal order to the Immigration Appeal Division.
- A foreign national or their sponsor, or a permanent resident, may not appeal to the Immigration Appeal Division if the foreign national or permanent resident has been deemed inadmissible.
Many criminal cases in Canada will undoubtedly have major immigration repercussions. As a result, clients should seek the advice of a skilled immigration professional early in any criminal proceedings.
Assault charges in Canadian criminal law are divided into different levels. Moreover, assault causing bodily harm is the second least serious level, which can be punished with up to 10 years in jail. These types of assault usually show up in several altercations and other crimes, so the prosecution tends to combine the charges. In this article, we are going to learn everything about assault causing bodily harm and how it is usually handled in court. Keep reading to know more about this.
What Is Assault Causing Bodily Harm?
Assault causing bodily harm consists of physically attacking another person and causing injuries without consent. This assault is considered a hybrid offence classified in the criminal code under the “offences against the person and reputation” segment. Threats and attempts of bodily harm also fall under this category.
What Is Sexual Assault Causing Bodily Harm?
On the other hand, sexual assault causing bodily harm is considered a straight indictable offence and is liable with much more severe punishment. These charges are laid upon those who cause injuries to the victim while sexually assaulting them. Therefore, these charges are usually combined at court.
Although these assaults are already severe, aggravating factors can be present if some criteria and scenarios are met, such as committing the crime in a domestic situation.
These factors are going to determine the severity of your penalties. They can directly affect things like your ability to find a job, keeping your children in a custody case, or travelling to foreign countries.
Proof of Offence
Nonetheless, several things need to be proven in court to be prosecuted for these assaults. There should be evidence of the following items:
- Date, Time, and Location of the Offence
- Identification of the Accused
- Proof that Bodily harm was inflicted on the victim
- That the accused intentionally used force
However, to know whether a term applies or not to the case, we need to know what that term means. In this case, bodily harm means any injury that interferes with a person’s wellbeing. This injury could be physical or psychological and could develop over time, as not all damages appear right when the event occurs. Interference of this sort must be more than just a short-term or minor inconvenience, and it must have an impact on the person’s daily activities. For example, when someone punches someone in the face and breaks their nose.
There must be a direct correlation between the assault and the bodily harm results. It can’t just be a factor of minimal interference in the act but an active cause with an objectively foreseeable consequence. One good example of this is shooting a gun. It can be predicted that the bullet may cause an injury to the person it’s pointed at.
The Difference Between Assault Causing Bodily Harm and Aggravated Assault
The main differences between these two circumstances are the severity of the injuries found on the victim. When referring to actual bodily harm, we mean bruises, cuts, and not transient or trifling injuries. Nonetheless, victims of aggravated assault tend to be disfigured or have life-threatening injuries. The penalties for aggravated assault are more severe.
Penalties for Assault Causing Bodily Harm
After being found guilty, the judge is going to determine the adequate penalty for the case. Even though the highest penalty is 10 years in jail, these cases are sporadic and heavily depend on the aggravators. Sentences can range from a non-custodial disposition to a period of incarceration.
Investigation of Assault Causing Bodily Harm Cases
In order to prosecute someone for this charge, a police investigation must be done. The police officer is going to gather all the evidence by talking to witnesses and reviewing anything relevant to the case. After collecting all this critical data, a file of the case must be created for the prosecution to evaluate and take to court.
Bail Process and Conditions for Assault Causing Bodily Harm Charges
A formal bail hearing might be required, especially in circumstances that involve domestic violence. This should happen within 24 hours after the arrest. However, you should be in constant communication with your criminal defence lawyer to start creating a good defence for your case during that time.
Defending Assault Causing Bodily Harm Charges
There are a number of ways to defend against assault causing serious bodily harm. The first one is to allegate factual innocence by challenging the presented evidence if it isn’t strong enough to convict you automatically. Moreover, the second one is by alleging that you were defending either yourself, others, your property, or your constitutional rights.
There are also circumstances in which the physical contact was, in fact, an accident. A person is not guilty of assault if they did not have the necessary mental intent to commit the attack as a result of any unintentional application of force.
After reading this, you should know almost everything you need to know about these criminal offences. However, if you see yourself in this situation, the best thing to do is call up a lawyer who can help your case and guide you through the court process. Luckily, we offer a free consultation in Ontario, Canada. Don’t hesitate to give us a call.
If you have been charged with theft, it is important to understand the criminal law process and what you can expect. A criminal lawyer can help guide you through the process and provide representation in court. If you are convicted, you could face a criminal record and collateral consequences associated. If you’ve been accused of theft, it’s important to seek legal counsel.
What is theft?
Theft is the criminal offence of taking something that belongs to someone else without their consent. It can include stealing money, property, or other belongings.
In some cases, the theft charge may be the consequence of a mistake on your part. It’s easy to understand how paying for something might get overlooked in certain circumstances. But, if you are caught stealing, even inadvertently, you could be charged with a criminal offence.
What are the penalties for theft?
The potential penalties for a theft charge vary depending on the value of what was stolen and other factors such as whether violence or threats were used. Fines, probation, jail time, and a criminal record are all possible penalties for a theft charge.
There are a few distinct types of theft charges that can be laid in Toronto. The most common one is theft under $5000. This charge applies when someone steals an item or items that total less than $5000.The maximum sentence for theft under $5000 when tried by summary conviction is six months imprisonment.
Theft over $5000 is a more serious charge that can be laid when someone steals an item or items that total more than $5000. This charge comes with a potential prison sentence of up to ten years.
There are also a number of other theft-related charges that can be laid, such as robbery, possession of stolen property, and fraud.
Will a shoplifting charge result in a conviction?
Shoplifting, or stealing from a commercial store rather than a private individual, is the most prevalent.
If you are convicted of shoplifting, you will have a criminal record. If you have never been arrested before, you may be eligible for a diversion program. Eligibility for the diversion program is not automatic and is determined on a case-by-case basis. A criminal lawyer may be able to negotiate with the crown attorney and persuade them into having you enter into the diversion program.
A diversion scheme includes completing a number of obligations, such as paying restitution to the retailer, attending a session focused on theft awareness, community service, or writing an apology letter. If you complete the diversion program, the criminal charge will be withdrawn, and there will be no criminal record.
If you are not eligible for a diversion program, or if you choose not to participate in the diversion program, then you will likely have to go through with a criminal trial. The criminal lawyer will be able to provide guidance and advice on how best to proceed with your case.
What is a criminal record?
If you are convicted of a criminal offence, you will have what is known as a criminal record. A criminal record can affect your ability to get a job, travel, and even volunteer.
In some situations, a conditional or absolute discharge may be given in place of a conviction. As part of a conditional discharge, you will be subject to certain conditions for a given period of time, such as not committing any more criminal offences. If you follow the conditions, your criminal record will be expunged three years after the conclusion of your discharge. Although a discharge involves an admission of guilt, it is not the same as a criminal conviction.
If you are given an absolute discharge, there are no conditions attached and the criminal record is erased one year after the discharge is granted.
Can I seek to have my fingerprints destroyed following a withdrawal?
If you have been fingerprinted as part of a criminal investigation and the charge is later withdrawn, you can apply to have your fingerprints destroyed. If you’ve been placed under a peace bond, you’ll have to wait until the bond expires before applying. The application would be made to the police department that issued the charges and can be completed online.
How can a criminal lawyer help?
If you have been charged with theft, it’s important to seek legal counsel. A criminal lawyer can provide guidance through the criminal law process and represent you in court. A theft may negotiate outcomes, such as having the charges withdrawn, reduced, redirected, or resolved in a favourable way to avoid a criminal record.
Obtaining bail is an important part of the criminal process. If you or a loved one has been charged with a criminal offence, your rights not to be denied reasonable bail without just cause are protected under the Canadian Charter of Rights and Freedoms. After an arrest, the bail hearing provides the accused an opportunity to be released from custody. When you’re in this situation, it’s critical to understand your rights. When your reputation and freedom are on the line you want a lawyer, you can trust.
When Does an Accused Require a Bail Hearing?
In certain circumstances, police may release an individual without taking them into custody. The police may issue an appearance notice or release them on an undertaking to follow certain conditions.
If you have been charged with an offence and taken into custody, then you will require a bail hearing regardless of the charge to ensure you are released prior to trial. The general rule is that an accused must be brought before the court for a bail hearing within 24 hours of the arrest.
Types of Bails Hearings
A bail hearing is arranged once an individual is arrested and taken into custody. It determines whether the accused will be released from custody pending their trial.
There are two types of bail hearings: consent or contested.
- Consent Bail Hearing: When there is an agreement between the Crown and the defence to the terms of release and this is subsequently approved by the justice of the peace or a judge. A criminal lawyer will work with the accused to formulate a release plan and negotiate a consent release with the Crown. The advantage of consent release is that it can be done quickly, sometimes in as little as thirty minutes.
- Contested Bail Hearing: If the Crown does not agree to the bail plan put forward, a contested bail hearing will be necessary. At this stage, the Crown will present its position and a summary of the allegations. Any criminal record along with other related evidence will be tendered by the Crown. The defence will then have an opportunity to question the allegations and call witnesses including the surety. Following the conclusion of the evidence, the crown and defence will make submissions to support their positions. The judge will make a decision on whether to order the release of the accused or require his/her detention after both sides have completed their arguments.
Steps of a Bail Hearing
Step 1: Courthouse Visit
Within 24 hours of being arrested, an accused has the right to a bail hearing if a judge is available, or as soon as possible if one isn’t. You may be taken from the police station or the jail to the courthouse where you will be held in a cell or you may be linked to the court by a video screen. You will have a chance to speak with your lawyer as well.
Step 2: Bail Hearing
In the courtroom, the Crown will read out allegations against you. In some cases, the Crown will call a witness usually the investigating officer. It is the Crown’s job to show why you shouldn’t be allowed out on bail. Your lawyer will often call the potential surety (Surety is explained below) to the stand to convince the court that, if you’re released on bail, you will obey your bail conditions and come to your court dates.
Step 3: Decision
After considering the seriousness of the charges and evidence, the court will then decide to either release you on bail or keep you in jail while you wait for your trial.
If the court grants the bail: If you are released there will usually be conditions to do or not do certain things. It is very important that you follow the conditions exactly. If you do not, you will be charged with breaching a court order and be put back in jail.
If the court does not grant the bail: If you are not released, you may have an option to appeal the decision. Your lawyer or duty counsel can explain available options.
For more serious criminal charges, and in certain circumstances such as where you were already on bail, the bail hearing will be “reverse onus”.
Reverse onus means that the onus to show why the accused should be released is reversed from the crown to the accused. The accused will be held in custody unless the accused or their lawyer can satisfy to the court as to why they should be released.
The Justice may require that a bond or cash deposit as bail be placed by someone acting as a surety for the accused.
Many trials can last months or even years before they reach court, so call a lawyer to be properly represented at the bail hearing to avoid spending additional time in jail.
Reasons for Bail Being Denied
There are three general grounds upon which the Crown will seek to deny an accused bail. In broad terms, some of the reasons for being denied bail include:
- A risk that the accused will fail to attend court again
- A substantial danger or risk to the public
- There is a real potential that the accused will continue to break the law
- There is a real potential that the accused will interfere with witnesses
- An overwhelmingly strong Crown case where there is a potential for serious jail time
- The allegations are of such a nature that the public would be offended if the accused is released
When bail is granted to an accused person there are certain conditions to the recognizance of bail that they must follow. Failing to abide by bail conditions or recognizance of bail is a criminal offence. These conditions are offence-specific and can vary greatly depending on the charges and the risks posed by that specific offender.
What Is a Surety?
The surety will be responsible to ensure the accused follows the terms of their bail and attends court when they are required.
A surety is someone who puts up the bond (a promise to pay a set amount of money on behalf of the accused) at a bail hearing. This individual will be responsible to ensure the accused will be in attendance at court when they are required to and follow the conditions of their release. This person will also be financially responsible to pay the court the entire bond amount if the accused breaches any conditions of their release. A cash deposit may also be required in certain circumstances such as where the accused is not a resident of the province or resides 200 KM from the place in which they are charged.
A bail review occurs after a decision on bail is made by the court. This is normally the next course of action when an accused has been denied bail and wants to appeal the decision. The appeal is made to a higher court for review. This appeal works both ways and can be brought by either the Crown or the Defence to contest a decision made by the court.
We are committed to fighting for your rights at all stages of a criminal proceeding. Contact now at (844) 978-8444 and get a free immediate consultation.
You have been charged with domestic assault, and now you are facing criminal charges. You want to know what your next steps should be? Should you plead guilty? Can you avoid a criminal record? If you want to make the most of your criminal defence case, then hiring a domestic assault lawyer is an important first step.
The criminal justice system can be complicated and overwhelming for those who don’t have legal knowledge. That is why it’s so important to find an experienced domestic assault lawyer that will help guide you through this process and provide the best representation possible. In this blog post, we will explore how hiring a criminal defence attorney can impact your domestic assault charges!
What are domestic assault allegations?
Domestic assault allegations can include a number of different charges, such as criminal harassment, threats, sexual assault, and assault. These types of offences typically involve violence or threatening behaviour between family members, spouses, or dating partners.
The crown attorney treats domestic assault allegations very seriously. The accused will have to go through all of the regular criminal procedures, including a bail hearing and trial proceedings. Often, an individual charged with a domestic assault will be held for a bail hearing. In domestic assault charges, the lawyer will assist in facilitating a surrender ensuring your quickest release. The crown attorney has a mandate which requires them to treat domestic abuse cases with strictness.
What are the possible consequences of a domestic assault conviction?
If you are convicted of domestic assault, you could face a number of different penalties, such as jail time, probation, and fines. You may also have to attend counselling or anger management classes. It is important to note that criminal convictions will be on your record and could impact future job opportunities, family law proceedings, international travel, or volunteering.
Penalties for domestic assault can vary depending on the severity of the charge and the unique circumstances of each criminal case. For instance, a simple domestic assault charge could result in a criminal record and probation or up to six months imprisonment, while aggravated assault charges carry much harsher penalties such as 18 months imprisonment. Due to the serious consequences, it is important that you consult with a lawyer prior to you deciding to plead guilty or agreeing to any resolution including a peace bond. A guilty plea might seem like an attractive option as resolving the case may permit contact with your partner; however, it is important to seek legal advice from a lawyer on your domestic violence charge.
In order to avoid a criminal conviction, it is important to have a criminal lawyer represent you in court. An experienced criminal law lawyer will be able to review the evidence against you and develop a strong defence strategy.
Do I need a domestic assault lawyer?
If you have been charged with domestic assault, it is important to hire a lawyer as soon as possible. By hiring an assault lawyer, you can better prepare yourself for your upcoming court case and make the most of this criminal law process!
A person accused of a simple assault is unlikely to face jail time, especially if they are a first-time offender. If the assault charge does not involve injuries and the spousal assault did not take place in front of a child, then domestic assault lawyers will likely be able to negotiate a criminal court diversion. This will typically involve the completion of counselling followed by a 12-month peace bond. More serious criminal code charges such as assault causing bodily harm or aggravated sexual assault charges will unlikely be applicable for the resolution by way of a peace bond.
If you have been charged with domestic assault, it is very important to find the right criminal defence lawyer for your case! Domestic violence lawyers will offer legal advice throughout this process from pre-charge, through the criminal justice system, to trial date and sentencing. Your criminal lawyer will be your advocate and will work to get the best possible outcome for your case.
Domestic violence lawyers will examine the evidence against you and determine whether there are any weaknesses in your case. The law firm must first identify all of the relevant disclosure including, police reports, witness statements, 911 calls, videos or audio recordings that could have been obtained by the prosecution. They will then work to discredit any evidence that is unfavourable to you and try to build a defence strategy.
If there are no reasonable defences, a domestic assault lawyer may be able to negotiate a plea bargain with the crown attorney. This could involve pleading guilty to a lesser charge in exchange for lighter penalties including conditional discharge or no jail time. Your criminal lawyer will work to get you the best possible outcome in domestic violence cases including withdrawal of the criminal code charge.
If you are considering hiring a criminal defence lawyer for domestic violence cases, please contact us today! Our law firm would be happy to provide you with a free consultation.
Will a domestic assault lawyer prevent a criminal record?
A criminal defence lawyer will work on resolving your matter in the most efficient and effective way possible. Any domestic assault lawyer cannot guarantee that criminal charges will be dropped, however, they can help you understand your options and make the right decisions to protect yourself in court! For example, they can explain to you the process involved in a domestic assault charge along with the possibility of it resolving by a peace bond.
A criminal defence attorney can also represent you at trial if necessary. If convicted after a criminal trial, an assault lawyer could still work with the prosecutor on reducing sentencing penalties.
What are the benefits of hiring a lawyer to defend domestic assault charges?
Although you do not require domestic assault lawyers to represent you for a domestic assault allegation, it is highly recommended. If you are representing yourself for criminal charges, you will not be able to offer the best possible defence on your behalf and there may even be some things that can negatively impact your case without a criminal lawyer present! Any criminal offence can have serious consequences, including domestic disputes.
There are many benefits that come with working with an assault attorney for your criminal case! A domestic assault lawyer will review and evaluate every piece of evidence against you and help you understand what it means in court. They can also provide key insights into how to bespeak your criminal case to the prosecutor and judge.
Your criminal lawyer could also negotiate with the Crown attorney’s office on a resolution that may help you avoid jail time or get charges dropped entirely! Any criminal defence attorney will do what is in their power to defend you in criminal court, however, nothing can replace an assault lawyer’s knowledge and experience when it comes to criminal assault defence.
Can I change my bail to allow contact with my partner?
Bail conditions are set by the criminal courts, and they aim to prevent an accused from reoffending or interfering with the administration of justice. This means that even if you want to contact the alleged victim after being charged for domestic assault, it may not be possible due to your bail conditions. It is best to speak with a criminal defence lawyer about what you can do next.
A bail variation can be requested to allow you and your partner or spouse contact with one another, but this is not always possible. The criminal courts will only agree to a bail variation if there are exceptional circumstances that merit such an exception. This can be difficult for those who face domestic assault charges as the crown attorney often opposes any type of bail variation between partners or spouses.
Any bail variation which allows contact with their domestic partner will not be possible unless the accused person enrolls in counselling. If an accused has been screened for the early intervention program, then upon entering into the program and counselling, the criminal courts may allow the accused to have contact with their partner or spouse.
Hiring a lawyer will help you understand domestic assault cases and defend your rights. If you or your family members are facing domestic assault charges, feel free to contact our office for a consultation.
What is a peace bond?
A peace bond is a court order that is designed to ensure peace. The peace bond usually requires the accused to comply with certain conditions such as avoiding communication with certain people, staying away from specific places, and not possessing any weapons. If the person fails to comply with these conditions, they can be charged with breaching the peace bond along with other charges.
There are two types of peace bonds; an S. 810 and common law. A peace bond pursuant to section 810 of the criminal code can be valid for up to one year and is a sworn information. A common law peace bond involves the presiding judge or justice exercising their common law powers to impose certain conditions on the individual charged with an assault charge. Unlike s. 810, the common law peace bond can be valid for more than a year.
When imposing peace bond conditions, the crown and court will consider the nature of the offence and whether or not it was domestic in nature. The court may also consider other factors such as the accused’s background and input from the complainant. For example, in domestic assault charges, if the complainant provides input that they wish to have contact with the accused, then the court is less likely to impose a condition prohibiting contact.
If you are considering entering into a peace bond, it is important to speak with a criminal lawyer to ensure that you fully understand the consequences and implications of doing so. A peace bond can have a number of collateral consequences which may impact family court proceedings or your employment. In certain circumstances, an experienced criminal lawyer might be able to negotiate a resolution that does not involve the accused entering into a peace bond.
What are the consequences of not following the peace bond conditions?
If a person commits a breach of a peace condition, then they can be charged with a criminal offence. The maximum punishment for breaching either type of peace bond is four years; however, the court will consider the circumstances of the alleged breach in determining an appropriate sentence. Often the first breach of a court order on an individual’s criminal record will not result in jail time; however, there can be severe consequences including a criminal record. A criminal conviction for a breach of any type of court order will also make it difficult for an individual to obtain bail in the future.
It is important to remember that breaching a peace bond can result in serious consequences, so it is best to speak with a criminal lawyer to get advice on your specific situation. If you are facing charges such as aggravated assault charges and would like legal advice, please contact a criminal defence lawyer located by your local criminal court. Many criminal lawyers offer free consultation and would be happy to discuss your options with you.
Will my charge resolve by way of a peace bond?
Typically, peace bonds are used in cases where there is not enough evidence to substantiate criminal charges but the Crown Prosecutor still believes that the accused may be a threat to society or an individual. They are typically reserved for the less serious offences which are proceeded by way of summary conviction rather than an indictable offence such as criminal assault charges, uttering threat or theft charges.
The crown considers a number of factors in determining whether or not the matter should resolve by way of a peace bond. These factors include the type of offence, personal circumstances of the accused, triable issues, the complainant’s input, and the reasonable prospect of conviction.
Can an accused avoid a criminal record in Domestic assault charges and resolve by way of peace bond?
Often, if an individual is charged with a simple assault and has no prior convictions, the matter is more likely to resolve by way of a peace bond. This is also possible if the offence involves domestic violence as long as it was not in the presence of a child and the intended victim sustained no injuries.
In domestic assault cases, the crown attorney will require the accused person to complete upfront counselling prior to entering into a peace bond. This is often referred to as The Partner Assault Response (PAR) Program. In certain jurisdictions, such as Brampton, there is a significant backlog in an accused entering into the PAR Program. As an alternative, assault lawyers can negotiate the accused completing a PAR equivalent counselling program run by a private firm which will have more flexibility in terms of schedule along with a faster completion time frame.
More serious charges such as aggravated assault, or assault causing bodily harm, are less likely to be resolved by way of a peace bond. The seriousness of these assault charges including the injuries inflicted makes a resolution by a peace bond contrary to the public interest.
It is important to have a lawyer represent you in these serious charges as they can often result in a jail sentence. For example, the maximum jail sentence for an accused found guilty of an aggravated assault is fourteen years. If you are facing serious charges such as assault with a weapon, it is important to contact a criminal assault lawyer for a consultation. The assault lawyer will be able to review your case and the particular circumstances surrounding the case and provide you with legal advice.
Does signing a peace bond constitute an admission of guilt?
Opting to enter into a peace bond does not constitute an admission of guilt or criminal responsibility. A peace bond may impact family law proceedings, however, it will not affect an individual’s criminal record. It is important to consult a family lawyer for any potential consequences.
Signing a peace bond is different than resolving assault charges through another method such as diversion. Signing a peace bond means that you agree to adhere to certain conditions. If you breach these conditions, charges can still be pursued against you by the crown.
If you are considering entering into a peace bond, it is important to speak with a criminal lawyer close to your local courthouse to ensure that you fully understand the consequences and implications of doing so.
What is Sexual Assault?
Sexual Assault charges can be classified into various types of criminal offences including sexual assault, sexual interference, sexual exploitation, and aggravated sexual assault. The penalties for sexual assault convictions vary depending on the severity and circumstances surrounding the offence. These factors can include the age of the complainant, use of force, nature of sexual contact, and relationship between the accused and complainant. Consequences can include jail time, sexual offender registration, and probation.
Police Interview For Allegations of Sexual Nature
Receiving a phone call from the police involving sexual assault allegations can be a frightening and intimidating experience.
If you have been contacted by police regarding a sexual assault investigation, it is important to exercise your right to silence and seek legal advice before answering any questions. Anything provided to the police during an interview can later be used as evidence in court if there is a trial, making it important to exercise caution when speaking with police regarding any sexual offence prosecutions.
Often individuals feel they have an obligation to comply with the police and answer their questions, however, this is not the case. If you have been contacted by the police, it is important to immediately get in contact with a skilled sexual assault lawyer. The sooner you get in touch with the right legal team, the sooner you can start planning your defence.
In defending clients accused of a sexual assault offence, the lawyer can contact the investigating officer and ascertain whether they have sufficient grounds to arrest you and arrange a surrender along with your release accordingly. If the police lack such grounds, then an individual has no obligation to attend the police station or provide a statement. In doing so, you will only be helping them gather evidence relating to the criminal charges.
Even in circumstances where someone has been arrested, it is important to remember that everyone has a right to remain silent. The police will make efforts to interrogate you regarding the sexual offence allegations. It may seem like a good idea to answer their questions, however, you have no obligation to say anything. Providing a statement can hinder your chances of succeeding at trial.
If you have been accused of sexual assault or have been charged with a criminal offence, it is important to seek legal advice at the initial stages of the investigation. A sexual assault charge is a serious offence that can result in jail time and a criminal record; it is important to have legal representation to ensure your rights are protected. You can contact Toronto sexual assault lawyers for legal advice as many of them offer a free consultation. Read about the criminal court process involving sexual assault charges in Brampton.
Publication Ban in Sexual Assault Cases
Publication Bans are common in sexual assault offences as they are meant to protect the identity of the alleged victim along with ensuring a fair trial for the accused.
A Publication Ban is a court order that prevents anyone from publishing, broadcasting, or transmitting any information that could identify the complainant, witness, or other participants in a sexual assault case.
The Criminal Code of Canada outlines the criteria necessary for a sexual assault case to be subject to a Publication Ban. If sexual assault cases, by practice, the Crown Attorney will make an application for a publication ban. This can also be done by the victim or a witness. In such circumstances, pursuant to 486.4(2), the presiding judge shall make the order.
If you are a victim and are unaware of whether a publication ban was ordered, then you can inquire by contacting Victim Services. An individual can also contact the court and speak to a court clerk to ascertain whether or not a publication ban has been ordered. In Ontario, most sexual assault cases will have a publication ban to protect the identity of the victim. These bans are in place to encourage sexual assault victims to come forward and report sexual crimes.
In order to protect the fairness of the trial, often criminal defence lawyers will seek a publication ban at bail hearings pursuant to Section 517. At this initial stage, the accused is presumed innocent and the court is looking to protect his or her right to a fair trial. The ban covers all evidence, information, and reasons for release or detention at a bail hearing. A Section 517 publication ban is temporary and will expire once the accused has been dealt with in court, including being discharged after a preliminary hearing or at the completion of the trial.
Age of Consent in Canada
In Canada, typically, a person cannot consent to sexual activity unless they are 16 years of age. In such circumstances, if you are accused of having a sexual relationship with a person under the age of 16, even with their consent, you can be charged with sexual interference. There are some exceptions to this general rule. For example, if the complainant is 14 or 15, he or she can consent to a person who is less than five years older. If the complainant is 12 or 13, they can consent to someone who is less than two years older.
If you are accused of sexual activity with a person under 16, it is important to speak to a criminal defence lawyer as soon as possible. The penalties for sexual interference can be severe and include jail time, a criminal record and being registered as a sexual offender.
What are some defences against Sexual Assault Allegations?
There are a number of defences that can be raised in sexual assault trials. Some common defences include:
- Consent to sexual activity (the accused argues that the sexual activity was consensual)
- Mistaken age (the accused argues that he or she believed the sexual partner was of the age to consent)
- Sexual offence never transpired
- Honest buy mistaken belief (honestly and reasonably believed that the sexual activity was consensual)
- Mistaken identity (a person charged with sexual assault alleges that someone else committed the crime and not him/herself)
Each case is unique and will turn on its own facts. It is important to speak with a sexual assault lawyer to get specific advice. The crown prosecutor must prove beyond a reasonable doubt that the sexual assault occurred. This is a very high standard and can be difficult to meet.
Sex Offenders Registry
The Ontario Sex Offender Registry is a database that records information about sexual offenders found guilty of sexual assault or other sexual offences. The Registry includes the name, date of birth, address, photo, detailed descriptions and type of sex offence(s) of all convicted sexual offenders.
The database is not public and can only be accessed by authorized individuals including law enforcement agencies.
Individuals convicted of sexual offences will be required to register as a sexual offender and comply with the provisions for a minimum of 10 years or for life, depending on the conviction and other related information. Case law has held that a conditional or absolute discharge does not trigger SOIRA requirements.
It is important to seek legal advice from an experienced sexual assault lawyer if you have been charged with a sexual assault offence. Sexual offences are taken seriously by the criminal justice system and carry significant penalties. A sexual assault lawyer can provide you with advice and representation during all stages of the criminal process.
If you have any questions about Publication Bans or the Ontario Sex Offender Registry, feel free to contact our office.
Have you or a family member been recently charged with a criminal offence in Brampton? Read along to find out the criminal court process and the steps to take in your criminal case.
Following your arrest, the police have an option to either release you or hold you for a bail hearing. The type of criminal charge(s) along with a record or the lack of one will determine whether the individual will be held for a bail hearing. If an accused is held for a bail hearing, it is advisable to get in touch with a criminal defence lawyer who can assist with formulating a viable release plan. A bail hearing is one of the most important initial stages of a criminal case.
Kahlon Law office has a successful track record in representing clients during bail hearings and securing releases for individuals charged with a variety of criminal matters including firearms, drug charges such as possession & trafficking, attempted murder, extortion, driving offences, assault causing bodily harm, aggravated assault, sexual assault, property crimes, break and enter along with a magnitude of other charges. Kahlon Law has also successfully argued bail review applications in the Superior Court of Justice. If bail has been denied, reach out to our law office to discuss the viability of a bail review application.
2. First Court Appearance By Criminal Lawyer Brampton
Following the release, the charged person will be provided with paperwork that includes conditions and other restrictions on their liberties. An information sheet will also be provided, which will help the accused person navigate through the criminal justice system. A person charged with a criminal offence such as a Domestic Assault or Criminal Harassment will have conditions that prevent communication with their partner, requiring them to live separately.
The release paperwork will also provide the first court appearance details. In William Davis Courthouse, the first appearances are held in courtroom 104. Due to the COVID pandemic, these appearances are held virtually. The zoom details for Ontario Courts including Brampton can be found on the Ontario Court website.
If the individual was released from the station or roadside (ie. theft or impaired driving charge), it is likely that the release paperwork will also provide a date as to when the accused person must attend for fingerprints. This is mandatory pursuant to the Identification of Criminals Act. If the criminal code charges are ultimately withdrawn, an application can be made for the destruction of the individual’s photos and fingerprints.
In William Davis courthouse, your first court appearance will likely be a few months from the date of the release. In other Ontario Courts, the first appearances are much earlier. In the meantime, it’s important for you to consult with criminal defence lawyers to find a suitable fit. Many Brampton criminal lawyers offer a free consultation.
Prior to the first appearance, you or the lawyer can request disclosure, which is the evidence the Crown intends to rely on to support their case. The disclosure process ensures a fair trial in criminal prosecution. In Brampton, for Criminal Code charges, a request for disclosure can be sent to firstname.lastname@example.org. For drug offences, these requested should be made to the Public Prosecution Services of Canada at PPSCBramptonSPPC@ppsc-sppc.gc.ca.
3. Disclosure in Criminal Law Case
In Brampton, the disclosure will likely be provided closer to the first court appearance. The process involves police preparing the disclosure, providing it to the crown, which is then vetted and disclosed to the defence. The disclosure will include all evidence, including, but not limited to, police notes, civilian statements, multimedia such as photos and videos, along with other evidence the Crown Attorney intends to rely on to prove their case.
If the accused is requesting disclosure for criminal offences such as domestic assault, certain items might be withheld, including the statement of the complainant. These sensitive items will be disclosed to their lawyer. If you’re representing yourself in criminal matters such as an assault, you can arrange a meeting with the crown’s office to view the complainant’s statement at their office. It might take several court appearances to receive all the disclosure.
4. Crown Pre-Trial
If you have retained a lawyer, they will attend the court appearances on your behalf. Once disclosure is complete, the next step is for the lawyer to have a resolution meeting with the crown attorney. In these meetings, the defence and crown discuss the case at hand and potential resolution options including the possible defences to the charge. The defence lawyer will highlight deficiencies in the crown’s case arguing for a favourable disposition, including withdrawal of the charges. A matter may require multiple crown meetings and follow-ups to iron out all the details. Following a crown pre-trial, the matter may resolve, or a judicial pre-trial might be required (JPT).
5. Judicial Pre-Trial
At the JPT, the crown, the defence and a presiding Judge discuss the case at hand. The JPT is held from both a resolution and trial perspective. If an agreeable resolution is reached, the matter will likely appear before the JPT judge for resolution. Alternatively, trail estimates are discussed. These include details such as the witnesses crown will be calling, along with any application(s) the crown or defence will be bringing, including Charter challenges.
6. Scheduling Trial or Resolution Date
Ultimately, all parties agree on a time estimate as to how many days the trial or preliminary hearing will take. Once approved by the presiding Judge, trial or preliminary hearing dates are set. Due to the high volume of cases in the Brampton courthouse, the trial dates can be several months away. The entire process from being arrested to trial can take twelve-plus months. In certain circumstances, a trial might be held earlier, especially where the individual has been detained following their bail hearing. It is always feasible to retain an experienced criminal lawyer to guide you through the criminal court process.
If you’re reading this and you or someone you know is facing criminal charges and requires legal representation, don’t hesitate to contact Kahlon Law firm for legal advice. Kahlon Law offers all-inclusive criminal defence services.
“Do I really need a lawyer to represent me?” “Is my assault charge that serious? I barely touched the guy.” “Should I accept the plea deal?”
These are among the myriad of questions that persons facing assault charges tend to ask when trying to figure out whether to retain legal counsel or represent themselves in court. The criminal justice system can be complex to navigate through alone. Defending a criminal charge requires attending multiple court appearances, reviewing complex disclosure, meeting with the prosecutor and Judges(s), along with experience in spotting legal issues unique to each assault case. So, why not substantially improve your odds and retain an experienced lawyer to defend you?
An experienced criminal lawyer has the skills and knowledge to protect your rights and defend you when facing assault allegations. They’ll explain in detail what the charges mean, the potential consequences if found guilty, and the possible defence strategies to alleviate or avoid punishments.
So, when should I contact a criminal lawyer? How do I choose the right assault lawyer? Before we look into these questions and more, let’s take a detailed look into the different types of assault and the provision for the offence by the Criminal Code. We’ll also point out several elements that are crucial in your trial and devising defence strategies.
What is Assault?
In simple terms, an assault occurs when one applies force intentionally to another person without their consent. An assault can also occur when a person merely attempts or threatens to intentionally apply force to another. The criminal charges may come under different names like domestic assault, sexual assault, assault with a weapon, aggravated assault, and assault causing bodily harm.
Section 265(1) of the Criminal Code states that:
- A person commits assault when:
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he attempts or threatens, by an act or a gesture, to apply force to another person, if he has or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Types of Assault
The Canadian Criminal Code breaks down assault into several categories according to the level of severity. Nonetheless, they are all prosecuted under the guidelines of Section 265(1).
All types of assault are treated as hybrid offences, i.e., summary or indictable offences, apart from aggravated assault, which is only tried through indictment.
Some types of assault include:
Most assault charges fall under simple or common assault. Compared to other categories, simple assaults are minor and rarely result in jail time for first-time offenders. Some examples include fistfights at the club, domestic altercations that turn physical, attempted assaults, threats of assault, and more.
Assault with A Weapon
As the name suggests, this type of assault involves a weapon and may also include some level of physical harm. Threatening or striking someone with an object, or carrying a weapon openly, can result in serious assault charges that carry up to 10 years in prison, among other severe penalties. Note that, in some cases, assault with a weapon is upgradable to aggravated assault.
Assault Causing Bodily Harm
This covers any assaults that result in bodily harm. Such charges carry severe punishments, including fines and up to 10 years in jail. An assault causing severe physical injury can be upgraded to aggravated assault.
As mentioned earlier, aggravated assault is an indictable offence. An assault case with aggravating factors, such as disfigurement, use of a deadly weapon, and endangering the victim’s life, can lead to aggravated assault charges. If found guilty, you could face up to 14 years in jail.
Sexual assault charges cover all assault cases that involve the violation of another person’s sexual integrity. These include threats to sexually assault someone, unwarranted physical touching, sexual assault with a weapon, and more. Sentences can include mandatory minimum sentences and inclusion in the national and regional sex offender database.
Domestic assault entails any assaults that occur between persons in a current or former domestic relationship, e.g., spouses. In Ontario, the criminal justice system takes such cases more seriously than simple assault offences. A person charged with a domestic assault will often be held for a bail hearing.
When Do I Retain an Assault Lawyer?
As stated earlier, seeking legal representation is essential because a lawyer who’s well-versed in criminal law can defend your rights and ensure the most favourable outcome. Don’t leave your freedom and practically the rest of your life to chance!
Retaining a criminal defence attorney should be done the moment you realize that there are charges against you or an investigation. By engaging a lawyer’s services at the early stages, you can find out more about the assault charges and find a way to mitigate them through a deal if possible. If the negotiations aren’t successful, an experienced lawyer will analyze your case’s details and develop the best possible defence strategies.
Also, if the police arrest you or request you to come in for a conversation, contact an assault lawyer and assert your wish to remain silent until your lawyer is present. Remember, the Crown can use anything you say to the police to build a case against you. An attorney will advise and guide you throughout the process and prevent you from giving a self-incriminating statement.
Plea deals present an opportunity for accused persons to plead guilty, get reduced charges and penalties, and avoid a lengthy trial. It sounds like a win, right? Well, not always. If you are facing assault charges and the prosecution offers you a “sweet” plea deal, don’t take it! Ask to speak to a lawyer immediately for legal advice.
A prosecutors may offer a plea deal because they don’t have a strong case against you. Even if they present it in a manner that seems very fair, keep in mind that you’ll still be pleading guilty to a crime. For example, if you were arrested for an alleged aggravated assault and you’re offered a deal to plead guilty to simple assault, it’s very tempting to take it. However, seeking legal guidance will help you decide if the plea deal is the most favourable outcome or not.
But, how do you choose the right lawyer?
When retaining an assault lawyer, consider the following factors to ensure that you pick a competent and aggressive one.
- Experience: choose an attorney with years of courtroom experience defending persons facing assault allegations. A lawyer that understands the judicial process and the complexities of assault charges has the impact required to attain the most favourable outcome.
- Reputation: what do the lawyer’s peers and clients have to say about them? Pick a lawyer with an excellent reputation in the criminal defence field.
- Client testimonials: clients know best about the quality of services offered. By checking a potential lawyer’s reviews and testimonials, you’ll see if they’re dedicated to their clients and the level of service they provide.
Protect Yourself by Retaining an Assault Lawyer
Now that you understand the different types of assaults and their potential consequences, don’t waste time before seeking legal advice. Even a minor assault charge does not negate the need for a lawyer as your rights, freedom, and future are still on the line.
Therefore, if you’re facing assault charges in Mississauga, protect yourself by retaining a skilled lawyer.