If you’ve been charged with a domestic offence, there is important information you need. A number of special rules apply to domestic offences that can affect your options if you are not aware of them. There are other consequences to a domestic charge like a no-contact order with the complainant, as well as a condition that won’t allow you to go to the complainant’s home, school, workplace or place of worship.
When the police receive information that a crime has been committed, they will investigate and attempt to arrest the person identified as the perpetrator. A complainant giving a statement to police that they have been assaulted is sufficient to allow the police to arrest an accused person.
Upon arrest, the accused is brought to the local police station or the police headquarters downtown. Once at the station, the accused should be allowed to contact a lawyer for advice. Rees & Dyck Criminal Defence has a lawyer available 24 hours a day, 7 days a week to give you the proper advice when you need it. Once the accused has received the advice of their lawyer, the police will often question the accused in an attempt to have them confess to the crime.
The next step is for the police to determine if they are prepared to release the accused to appear in court on a later date, or if they are opposed to their release. If the accused is released by police, they are made to sign a Promise to Appear (PTA). By signing the PTA, the accused person is agreeing to attend court on a certain day to face the charges. The police will also sometimes make the accused person sign an Undertaking to secure their release. An Undertaking is a legal document that obligates the accused to follow certain conditions, like not contacting the complainant, or not possessing any weapons.
If the accused is released on a PTA with an Undertaking, it is important to review those documents with a lawyer. Sometimes, conditions placed on accused people are illegal, or so impractical, they cannot be followed. There is a certain procedure to contesting conditions of an Undertaking, and there can be consequences. Mr. Rees has experience varying and deleting conditions of Undertakings and can assist you in constructing your legal strategy with respect to conditions of your release.
The police can also opposed the accused person’s release and remand them into custody at the Winnipeg Remand Centre. At this stage, it is imperative that the accused has the assistance of a lawyer. Decisions made while securing bail can impact the case in the future. The Justice System moves slowly at times. Whether or not a person fights their charges from inside or outside of custody is often one of the most important factors in that person’s case. Mr. Rees and his associates focus on Criminal Law and have extensive experience developing legal strategies and assisting people in custody with bail applications.
If you’ve been arrested and charged with a crime, you should seek the advice of a criminal defence lawyer. Tom Rees is an experienced criminal defence lawyer who has represented people charged with domestic related offences for many years. He is knowledgable in the law and criminal legal procedure. During your free consultation, he will explain the law and procedure to you so you can start to consider your legal options.
*note: the information on this page is not legal advice. You should speak to a lawyer to get legal advice. The law is constantly changing, so this information should not be relied upon as up to date.