Mistakes To Be Avoided Once A Person Is Charged With Domestic Assault

Do not think that you can talk yourself out of being arrested/charges.

It is not going to happen. When I get the call from the police station, the first thing I will tell you is to say nothing. You have the right to remain silent and the police cannot force you to say anything. Once you do speak, you must be honest. If you lie to the police they will charge you with obstructing a police officer.

You should also contact a lawyer, either while at the police station or a few days or weeks afterwards. It’s always in your best interest to let the lawyer do the negotiating with the Crown (prosecutor) and the talking in court. An experienced lawyer should have a good relationship with the Crowns and the judges. I take the approach that it’s better never to burn any bridge, so I get along very well with all the Crowns’ offices in Oshawa, metropolitan Toronto, Newmarket, and Brampton. You get more accomplished by having a respectful relationship with the Crowns. This is a great advantage that I possess when negotiating on behalf of my clients.

You also have to be patient. The process is usually a slow one and it takes time for the matter to get through the courts. You need to trust your lawyer to protect your rights, and most of all, let him do his job.

The worst mistake you can make while out on bail is to contact your spouse contrary to the conditions of bail. Violating the conditions of bail will lead to charges that can be more serious than those of the original domestic assault charge. You cannot send messages through third parties. You cannot send letters. You cannot send e-mails, and so on. If there has to be contact, for perhaps paying the rent, it should be done through the lawyer. It is essential that you follow very strictly each and every bail condition.

If you, or someone you care about, is dealing with criminal law issues in the Oshawa, Ontario Region, contact Mitch Engel Barrister & Solicitor for a consultation.

This information is taken from an interview from December 6, 2007 with Mitch Engel LL.B., Criminal Lawyer with Mitch Engel Barrister & Solicitor,Oshawa Criminal Lawyers. The article is provided as an information service only and should not be used as legal advice. Laws vary by jurisdiction so please consult with an appropriate legal professional if you are looking for help with a specific situation.