Charged with Domestic Violence in Calgary? What You Need to Know Before Speaking to Police
Facing charges of domestic violence in Calgary is not a situation you would normally want to be in. It can result in you getting stressed, confused, or even overwhelmed. The first steps that you take are crucial to how the case will turn out. So be smart yet also careful with it.
When Police Respond to a Domestic Violence Call
Police will investigate an area where they received a call about domestic violence. They will then ask the two people involved for their statements. And if any witnesses are present they will also be questioned. Afterwards, local authorities will check on physical evidence to confirm the situation.
After the investigation, if the police can confirm an offence has occurred, they will put charges down. Even if the other person does not want to press for it. Only the Crown prosecutor has the decision to continue or withdraw the charges, not the complainant.
Not many people are aware of that. Seek legal support for further assistance.
Your Right to Remain Silent
You have the right not to give your statement to the police, should you not want to. Whatever you say can be used as evidence in court. Even if you think it helps your side of the story. You have to be wary of what you say to the authorities because you risk being misunderstood or taken out of context.
You have the right to request to speak with a lawyer before answering the questions. That is your right, and it exists to protect you. A domestic violence lawyer in Calgary will help explain your situation to you and counsel you on what to say that would not hurt your defence.
If You Are Released on Conditions
If you are charged, you may be released with specific conditions. These can include:
- No contact (direct or indirect) with the complainant
- Staying away from their home, work, or school
- Restrictions on alcohol or drug use
- Attending court on specific dates
To avoid complications, be sure to follow these conditions as they were exactly written. Even unintentionally breaching these conditions could lead to additional criminal charges. Seek advice from your legal counsel on what is and isn’t allowed on conditional releases.
How the Crown Prosecutor Handles Domestic Violence Cases
The Crown takes domestic violence cases seriously in Alberta. Prosecutors will review all the collected evidence by the police to decide on how the case will move forward. The decision lies in the percentage of the likelihood of conviction and whether the public interest is high enough to proceed with the case.
This does not apply to every situation. There will be instances where disagreements or false allegations can alter the reflection of what had occurred. A lawyer will be present to review the disclosed material and identify possible defences.
Why You Should Speak With a Lawyer Early
Early legal advice can make a significant difference. A lawyer can help you:
- Counsel you on each stage of the process
- Avoid making statements that could be used against you
- Review the evidence and identify any weaknesses in the Crown’s case
- Probe for suitable resolutions, such as peace bonds or counselling programs
How Muenz Criminal Law Can Help
At Muenz Criminal Law, we speak on your behalf and thoroughly review the charges to come up with the best outcome that suits your interests. We take our clients seriously as they face domestic violence charges in Calgary.
Once the local authorities have served you with your case, don’t sit around with it. Reach out to us for legal advice.
Speak With a Domestic Violence Lawyer in Calgary
It is normal not to be fully aware of the implications of receiving these charges. Contact Muenz Criminal Law today to speak with an experienced domestic violence lawyer in Calgary. We take the situation seriously, reviewing all possible outcomes that best suit your interests.