Many assume that if a defendant specifies they no longer want to continue with criminal charges, the charges will be nullified. But that is seldom the case, particularly in the context of a domestic assault. Moreover, if criminal charges are pressed against an accused, those charges are between the accused and the Crown, not the accused and the defendant.
If you find yourself in a similar situation, you may wonder how you can get your assault charges dropped. At Batting, Wyman, our team of domestic assault lawyers can educate you on your options and advise you on how to best move forward. Keep reading to learn more.
Why Defendants Can’t Drop Assualt Charges
In Calgary, domestic assault charges are managed by specialized prosecutors who strictly deal with domestic issues. Defendants indicating a reluctance to continue is common, and the Crown views such affairs with critical eyes. Sometimes, it is debatable whether or not the defendant really wants to recant. The accused may have employed threats or control tactics in some cases. These are methods that the Crown Prosecutor’s offices are aware of and, consequently, seldom retracts charges in such circumstances.
People are frequently baffled at why charges aren’t dropped upon a dependant’s appeal. The Alberta Court of Appeal statements are pertinent to this problem and help understand why charges aren’t easily nullified. Victims do not have the power, obligation, or responsibility to determine whether a prosecution should move forward.
A decision to cease proceedings, whether by staying, withdrawing, or calling no evidence, is made by the Crown Prosecutor in the welfare of the proper justice administration, including whether there is a sensible possibility of conviction and the public’s interest in the sufficient enforcement of the law. When determining whether to discontinue proceedings, Crown prosecutors also assess the defendant’s safety and specific public interest variables.
How to Drop Assault Chargers: Peace Bond
While the Crown can be reluctant to revoke domestic assault charges, in some cases, they are receptive to removing charges if the defendant enters into a peace bond. Leaning on allegation severity, defendants may enter into a peace bond, which bounds them to specific conditions such as counselling or refraining from alcohol. Once a peace bond is signed, the criminal charges are dropped, and the defendant is relieved of a criminal record.
Acquire the Assistance of a Domestic Assault Lawyer
At Batting, Wyman, we understand these situations are confusing. The legal system is brimming with complex jargon and overlapping rules, regulations, and directives. As a result, this is not a process you want to go through on your own. Our team of experienced domestic assault lawyers is here to help.
Blog posts from Batting, Wyman Barristers are for general information only. The content should not be considered legal advice. If you are in need of professional legal advice, please Book a free 30-minute consultation.