R. v. M.AM.

(Calgary Court of Justice - Domestic Assault). It is not unusual for parties in a relationship to have serious disputes that unfortunately come to involve the criminal justice system. Emotions often run very high in intimate partner relationships, which in turn can skew  perspective. Sometimes parties even falsely report to the police. MAM's case was difficult because the allegation of assault was coupled with additional collateral allegations that poorly coloured the accused. The accused was angry because there was an alleged history of abuse by the complainant. At the end of the day, the circumstances managed by defence counsel were difficult on all fronts. 

Fortunately, the accused had a very favourable background and came to court without a prior criminal history.  The complainant's history was not nearly as positive. Additionally, the accused took self directed steps to address some issues. Ultimately, the accused's antecedents, along with steps taken outside of the criminal justice system helped persuade the Prosecutor to resolve the case without a criminal record. 

MAM's case resolved by way of a peace bond. All things considered, this was a perfect resolution to this case because while the accused had a very reasonable prospect of defending the case a trial, the Crown nevertheless also had a reasonable prospect of conviction. Notwithstanding that peace bond required the accused to do some counselling, it also guaranteed no risk of a criminal record. 

Peace bond is a very effective resolution option that is often utilized by domestic violence courts in Alberta. Peace bond resolution generally involve some quid pro quo -- the Crown abandons the path to a criminal record in exchange for some agreement regarding conditions from the accused. Peace bond conditions can effectively mirror many rehabilitative conditions often imposed by way of a probation order. Peace bond also reduces the strain on trial courts. 

It is important for every accused to remember, peace bond can only be offered by the Crown. 

Defending a criminal case can be both emotionally and financially taxing. David Chow is a Calgary criminal lawyer who understands that criminal defence work is not only about the outcome in court, it is about respecting a balance between outcome, risk and legal fees. While some lawyers advertise themselves as "trial lawyers", it is David Chow's opinion that the best criminal defence lawyers in Alberta understand that it is the client who shoulders the risk and that it is the client who usually shoulders the financial consequences of defending a case. While many accused people would like to take every case to trial, the fact is that trials come with both added risk and increased  financial obligations.  If you are looking for a criminal defence lawyer, find counsel who is always prepared for trial, but does not unnecessarily seek it out.