7 Counts of Criminal Charges Dropped After Signing of Peace Bond: Daniel’s Case

CHARGES:

Uttering Death Threats contrary to section 264.1 (1) (a) of the Criminal Code of Canada

Mischief (2 counts) contrary to section 430 (1) (c) of the Criminal Code of Canada

Assault (4 counts) contrary to section 266 of the Criminal Code of Canada

BACKGROUND: Daniel was involved in a very serious incident with his wife that resulted in him facing seven criminal charges. According to his wife and another witness, Daniel phoned his wife and threatened to kill her after she discovered he was cheating on her and informed the husband of the other woman involved. When Daniel returned to the house, he kicked in the door, and broke a fish tank and telephone. He pushed his pregnant wife after she tried to physically prevent him from going upstairs in the house. Once upstairs, Daniel broke his wife’s laptop by smashing it on the floor. Afterwards, he would not let his wife leave their son’s room and he bit her on the hand.

Two additional charges were laid after Daniel’s wife was asked by police about past incidents.

Read the Summary of Police Allegations

GOALS: In this case, it was important for me to get the best possible result for Daniel while at the same time helping him to take responsibility for his actions.  My first goal was to assist Daniel with bail conditions, as he had one young child and his wife was pregnant.  I hoped to get Daniel the help he needed while at the same time not having him serve time in prison.

STRATEGY: I submitted several requests to have Daniel’s bail conditions varied, and worked to enroll Daniel in a Partner Assault Response (PAR) program. Through this program, I hoped Daniel would receive the education and counseling he needed and that we could have this matter resolved with the signing of a peace bond.

RESULTS: We achieved the best possible result in this case. I was able to have Daniel’s bail conditions varied to allow him to visit with his child and to be present for the birth of his second child. Daniel attended all of his PAR program meetings and successfully completed the program. He signed a peace bond with conditions and was able to avoid both prison and a criminal record.

Ontario Domestic Violence Lawyer

When an allegation is made that you are abusing your spouse or intimate partner you may be charged with domestic assault.  Domestic assault, also known as spousal assault,  is the use of physical force with the intent to harm a spouse, loved one or cohabitant.   Domestic assault /  spousal assault is a very serious crime in Canada.

If you are currently being investigated for, or have been accused of or formally charged with this type of assault, it is in your best interest to retain a knowledgeable criminal defence lawyer.  A criminal defence lawyer will strengthen your case by using his experience, skill, education and superior knowledge of Canada’s criminal law when defending your case before a judge in the Ontario courts.

If you are convicted of domestic assault, you may face jail time, restitution, fines, probation, counselling and a criminal record.   A criminal record impacts your ability to travel and work in certain types of positions.

Domestic Violence Lawyers

At the Auger Hollingsworth, our lawyers will provide you with excellent criminal defence of your assault charge or charges.  We have represented people just like you on many domestic violence cases that have resulted in favourable conclusions.   Use our  Free Consult form, or call us at 613 233-4529, to book a no obligation consultation.

So You Want to Be a Surety – What is a Surety? Seven Important Facts

1. What is a surety?

A surety is a person who agrees to be responsible for someone who is accused of a crime and out of custody while waiting for trial. It is a big job, not to be taken lightly.

2. What are a surety’s duties?

  1. To ensure the accused person comes to courts on time when required;
  2. To ensure the accused person obeys each condition of the bail order or recognizance. For example, the accused person may have to report to police or may have a curfew. He or she may be prohibited from drinking alcohol.

3. Does a surety have to deposit money and if so how much?

Sometimes a cash deposit is required if someone is a surety.

More often a surety signs a bond for a certain amount.

There is no fixed amount of money that a surety must pledge.  The amount will vary based on the accused person and the charges and also based on the amount that the surety pledges relative to his or her net worth.

In other words, if you only have $10,000.00 to your name the amount you may be asked to pledge could be less than if you are a millionaire.

4. What if the accused person does not comply with the bail order?

You should not accept to be a surety unless you are sure you can supervise the accused person.

If the accused person disobeys a condition, he or she may be charged with another criminal offence.

You may lose the money you pledge as a surety.

5. What if I no longer want to be a surety?

The obligations of a surety last until the case is completely over. This may take a long time.

If you wish to end your role as a surety before the case is over here are your choices:

  1. You can bring the accused person to court and ask that you be relieved of your responsibilities, or
  2. You can come to court and apply in writing to be relieved of your duties. The court will then issue and order for the arrest of the accused person.

It is also sometimes possible to substitute one surety for another, but this must be done on an application to the Court.

6. Who is eligible to be a surety?

Whether or not the judge or justice of the peace accepts you as a surety is dependant on the specific situation, including the type of charges and the accused person’s criminal record.

The Court will consider your finances, your character and background.  Although it is not impossible, it is unusual for someone with a criminal record to be a surety.

The Court will also consider whether the surety has the time to properly supervise the accused person.  Someone whose schedule is full may not be a suitable surety.

7. Can the accused person’s lawyer give me advice about being a surety?

No.  The accused person’s lawyer cannot give you legal advice.  Sometimes a surety will obtain independent legal advise ensure that he or she is fully aware of the rights and obligations.

If you or a loved one need help getting out of jail on bail, you need an experienced criminal defence lawyer.  A criminal defence lawyer at Auger Hollingsworth can assist you.  Contact us by clicking here or by telephone at 613 233-4529.