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Toronto Assault Charges Lawyer

Obstruction of justice and public mischief charges in domestic criminal cases

Can my spouse get the charges dropped by going back to the police and telling them that he/she lied?

If the complainant goes back to the police and recants or changes their story, it will normally result in charges of obstruction of justice, public mischief, or both. It is a criminal offence to make a misleading statement to the police and it is also an offence to waste public resources. Both of these charges can be relatively serious and the Crown will often seek a probationary sentence and a criminal record even if the accused has no prior record.

The original charges are often not dropped (at least not right away)

The recanting of the story also does not guarantee the domestic charges will be dropped. Often, and particularly in cases where a recorded video (KGB) statement is taken from the victim by the police, the Crown will use the video in court to support their case at trial. They can do this because the police will have the accused make the statement under “oath like” conditions. This means they are read the oath or swear an affirmation on video. In more serious cases, a KGB video statement is almost always requested from the victim. Even in cases without a KGB statement, sometimes the recording of the 911 call will be used as evidence in court.

The police want to get a KGB statement on video before the victim changes her mind or realizes that giving such a statement will result in his/her husband or wife being criminally prosecuted and unable to contact them anymore (due to release conditions of the undertaking (Form 11.1) or bail). In minor cases, sometimes the police do not bother to take a video statement, which diminishes the strength of their case. Other times the complainant refuses the police request for a video/KGB statement.

Even if there is no video statement and the witness remains uncooperative, the accused will often have to wait until their trial date for their case to complete. This is unless the accused makes a deal to have their case dropped (withdrawn), peace bonded (often withdrawn), or for a joint position to ask the judge for a conditional or absolute discharge (no criminal conviction record).

In cases that a trial date is set, it usually takes 6 months to one year between the setting of the trial date and the actual trial date. The Crown will often refuse to withdraw the charge or offer no evidence prior to this date in domestic cases (because the complainant could again change their story or mind in the meantime). Even if the Crown has virtually no case, the victim and the accused are often forced to live apart and incur the massive financial and child rearing consequences that result from the no contact conditions while they await the trial date if no deal is made to resolve the case beforehand.

It is important that victims consult a lawyer who can protect them and possibly create an affidavit which will help their husband, wife, boyfriend, girlfriend, etc. with their case.


Call us today for a free assessment

If you have been encouraged to take a case to trial when the facts are relatively minor (no weapon used or significant injury) and the "victim" is on your side, call us today for a second opinion. Often these types of charges can be withdrawn and the release conditions varied to allow contact without a risky and unnecessary trial.

You don't need to be apart from your spouse and family, spend tens of thousands of dollars, and risk getting a criminal record because of an unfortunate domestic incident. We charge a flat fee of $5000 +hst for most cases that we are able to resolve without a trial.



   call us: 647-228-5969

   contact@torontoassaultlawyer.ca


    call us: 647-228-5969

    contact@torontoassaultlawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are the alleged victim, and are looking to help your spouse/partner's case, please see our affidavit services page here.

If you are not a paying client, we cannot answer questions and provide assistance with US travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a domestic assault/threats/mischief related case and are looking for expert advice regarding possible defences and case strategies, call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


         

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  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel