(Calgary, P.C. - Domestic Assault). JSS was charged with a domestic related assault causing bodily harm in Calgary, Alberta. Though the Criminal Code of Canada does not recognize a separate offence for "domestic assault", the domestic context to any criminal allegation is usually considered an aggravating factor if the accused is convicted. After arrest, JSS was released on conditions that required no-contact with the family. This type of release condition can cause great stress on not only the accused but the accused's family -- who may not want him/her to be absent from the home. Also, no contact and area restrictions can cause not only the accused, but the family financial distress. JSS was highly responsible and took immediate steps -- such as counselling -- to persuade the Crown to vary bail conditions. Due to credible concerns on the part of JSS's Calgary domestic assault lawyer that the essential witness may not have been entirely honest, the case was set for trial. As with all charges, the Crown Prosecutor plays an important role. As the trial neared, the Crown received some new information from its witnesses that caused it to have concerns about continuing with the prosecution and as a result, the charge was stayed. The lesson from this case is that whenever you are charged with a criminal offence, it is important to pursue every legitimate angle to defending the case. If you are in need of a Calgary domestic violence lawyer to help with your case, call David Chow. David is a former Crown prosecutor and longtime Calgary criminal lawyer. He routinely secures verdicts of not guilty in domestic assault cases.
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
(Turner Valley, P.C.). This client was charged with assault causing bodily harm, assaulting a police officer and mischief to property. The assault police officer allegation was relatively minor but whenever an accused assaults an officer acting in the execution of duty the risk of jail increases. The assault causing bodily harm occurred as a result as a domestic incident, as did the mischief. As a Calgary domestic violence lawyer, David Chow has handled a wide-variety of cases and has learned that most incidents handled by our criminal justice system are truly individualized. No matter how serious the allegation it is not unusual for members of the community to galvanize in support of the accused. In this case, the community (included the complainants) recognized that BEE had been struggling for a long time with obviously very difficult personal and emotional circumstances. As a result, the case was resolved with the support of the Prosecutor, complainants and ultimately the support of the judge in a manner that focussed on rehabilitation. David Chow is not only a Calgary domestic violence lawyer, he is a full service Alberta criminal lawyer who appears in Turner Valley. Call for a free telephone consultation.
(Airdrie, P.C.). Calgary criminal lawyers often appear in jurisdictions outside of the City of Calgary. David Chow is not only a Calgary criminal lawyer, he is an experienced Airdrie Criminal Defence Lawyer. LC was charged with assault causing bodily harm arising from a serious incident arising on the streets of the City of Airdrie. The assault was domestic in nature and thus the accused needed an experienced Airdrie domestic violence lawyer. The first trial in relation to this case occurred in 2018. At that trial the case was derailed in the midst of cross-examination and a mistrial was ordered. The evidence from the first trial and its delay created additional issues and the case was eventually stayed. The lesson from LC s that a criminal defence lawyer must be prepared to be pursue all avenues of defence. David Chow is a Calgary domestic violence lawyer of choice who practices throughout the Province of Alberta. He is an Alberta criminal defence lawyer who routinely appears in the City of Airdrie. If you have been charged in Airdrie or anywhere in Alberta, call for a free telephone consultation.
(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.