(Calgary, P.C.). AM was charged with domestic assault, assaulting a police officer, resisting arrest and failing to attend Court. The charges arose from an almost perfect storm of events that resulted in AM behaving in a way completely inconsistent with how she lived her life. The police were called to respond to a distraught female in a restaurant. AM had earlier been out with her boyfriend, who did some things that would upset anyone in a relationship. The relationship ended which understandably triggered much upset. This case illustrates that sometimes things happen to human beings that trigger emotional responses. The accused had some defences, but again, in the tradition of the Crown prosecutor she was given a chance to make amends through a diversion program that if completed, would result in the withdrawal of the charges. AM successfully completed the program and all charges were withdrawn. This is another example about how to successfully defend a case without the need for a trial. In criminal law, trials are uncertain and costly. David Chow is a Calgary criminal lawyer who will exhaust every avenue to defend a case. Call 403.452.8018 for a free telephone consultation.
what is a peace bond?
A common type of non-criminal record resolution used in domestic violence court for domestic violence charges in Calgary and elsewhere is Peace Bond.
What is a Peace Bond?
Under section 810 of the Criminal Code or by operation of the common law the Crown can agree to withdraw criminal charges in exchange for a Peace Bond. A peace bond is essentially an agreement that you will keep the peace and be of good behaviour for a period (usually 12-18 months) and that you will complete any terms of the peace bond within that time. Conditions or terms of a peace bond usually include a requirement to complete counselling, abide by no contact provisions, abstain from the consumption of alcohol and/or drugs and not to possess weapons. Peace Bonds also require that you agree to pay cash if you breach a condition of the bond.
In exchange for the peace bond, the Crown will withdraw the criminal charges.
A peace bond is a very favourable resolution because it permits you to avoid the risk of conviction and the consequences of a criminal record. That said, peace bonds require compliance with conditions. This can be difficult over time. It is also worth noting that breaching a condition of the peace bond can result in criminal charges.
who has jurisdiction to impose a peace bond?
Only the Crown can offer and agree to a peace bond. The judge has no jurisdiction to impose a peace bond in exchange for the withdrawal of charges. A judge only has the jurisdiction to determine whether the appropriate legal requirements have been met once the application has been presented.
In Calgary, specialized Crown's in domestic violence court have the power to agree to Peace Bonds. Peace Bonds are an effective alternative to sanctioning an accused without saddling him or her with a criminal record.
a calgary domestic violence lawyer
David Chow is a Calgary domestic violence lawyer who often saves his clients legal fees and a criminal record by negotiating the withdrawal of charges in exchange for alternate resolutions such as alternative measures and peace bond.
Recent Case Results
(Calgary, P.C.). Allegations of domestic violence in Calgary occur on a spectrum from relatively minor to very serious. Domestic incidents within many households are also often extremely rare (close to non-existent) but unfortunately, the pressures of everyday life can weigh down on a person, igniting what in a great many cases is completely abnormal behaviour. By all accounts MM's behaviour was atypical. Financial stressors resulted in a relatively minor incident that involved the police. Fortunately, MM's case was resolved in a manner that did not require him to shoulder a criminal record or the legal costs of running a trial. In his case, the Crown and defence worked hard to achieve a non-criminal record disposition that ultimately benefited not only MM and his family, but society's interests in ensuring that MM had the tools to better cope in the future. David Chow is a Calgary domestic assault lawyer who routinely works to secure favourable outcomes without the need for trial. Sometimes trials are necessary, but when they are not, it is always best for the client to avoid risk and mitigate the costs of hiring a Calgary defence lawyer. Call for a free consultation.
(Calgary, P.C.). EM.L was charged with mischief to property in a domestic situation. Like so many persons charged in Calgary with domestic offences, this one was triggered by strong emotions arising from the breakdown of a relationship. Though the evidence against EM.L was quite strong, the accused was fortunate to have the case reviewed by a reasonable Crown prosecutor who agreed with defence counsel that there was no public interest in fixing this accused with a permanent criminal record. Rather than pushing the case to trial, justice was served by the imposition of a peace bond and the withdrawal of the criminal charges. For information about Peace Bonds in Calgary, please peruse this site. David Chow is a Calgary domestic assault lawyer who can help you to avoid a criminal record.
(Okotoks, P.C.). David Chow secured the withdrawal of an allegation of sexual assault in a domestic context for his client. In cases of sexual assault it is even more critical for your criminal lawyer to do everything possible to secure the withdrawal of the charges prior to trial. In this case, the accused’s innocence was bolstered by his participation in a polygraph. Though polygraph evidence is not generally admissible in criminal trial, the results of a polygraph can be useful in preventing a prosecution. In almost all cases, David Chow strongly advises against participating in a polygraph, but for D.K. his honesty was so palpable that it was worth the risk to participating in an interpretive test. If the police are attempting to use a polygraph, call an experienced defence lawyer. David Chow is a veteran Calgary criminal lawyer and Okotoks defence lawyer who handles cases in Cochrane, Lethbridge, Brooks, Okotoks and throughout Alberta.