R. v. P.R.P.
R. v. P.R.P.
(Calgary, P.C. - Domestic Assault). RP is another domestic assault charge that was resolved prior to trial. RP was charged with two counts of assault in relation to a domestic partner. RP attempted to resolve the case early but the Prosecution was not amenable to a non-criminal record disposition. The facts of the charges demonstrated that one count of assault was arguably laid in the absence of reasonable grounds, while the other was clearly defensible and resolvable. Occasionally an accused must be prepared to plead "not guilty" and press the case to trial. Practically speaking, in many cases, neither witnesses nor the Prosecution have much insensitive to resolve the case before trial; after all, the Prosecution has most of the power early on in Court proceedings. RP's case was scheduled for trial, the date being November 14th, 2023.
At the pre-trial stage, Prosecutors have more power than judges. For example, in Provincial Court, unless the case is scheduled for trial, preliminary inquiry or a guilty plea, the crown must consent to re-open judicial interim release/bail. Only the Crown can agree to a process that results in the withdrawal of criminal charges.
RP's case resolved by way of a peace bond on the day of trial. This was a practical and reasonable outcome that resulted in RP receiving some counselling, while at the same time ensuring that RP did not suffer a potentially debilitating criminal record.
David Chow is a Calgary criminal lawyer who, when necessary, will press the case to trial. In order to secure the best outcomes, Criminal defence lawyers must often be prepared to run a trial. Though "not guilty" or a straight withdrawal of criminal charges is the best outcome, resolutions that guarantee no criminal record must always be strongly considered. This is so because criminal law is a human system and as such, is prone to error. Even the best defence, properly presented, can fall short. Through relatively rare, wrongful convictions do occur. Looking for Calgary criminal lawyers? Call 403.452.8018.