Within a span of 10-15 minutes, you can go from having a great time enjoying a night out at a bar located on queen street or having an argument with someone you love in your kitchen in Springdale to being handcuffed and sitting in the back of a peel regional police cruiser.
In Brampton, assault charges are handled rapidly. At the A. Grenville and William Davis Courthouse, located on Hurontario Street, the Crown office has a large number of assault files; Peel Region has a well-deserved (or undeserved) reputation for vigorously prosecuting cases of domestic and personal violence.
Your actions during the initial few days following your arrest may significantly influence how your overall case unfolds. Below are five factors that are truly important when considering the outcome of your case.
1. Stop Talking. To Everyone.
Police officers will inform you of your rights. Additionally, they will probably attempt to continue engaging with you throughout the remainder of the evening, and possibly into the early morning hours of the following day, as long as they feel you are open to discussing “the other side” of what transpired. Do not do so.
Everything you state to anyone can and will be employed against you. When I write this statement, I am referring to it literally — and not simply as a phrase that is typically heard on television programs and movies about law enforcement. I have seen situations where a client attempted to clarify an issue with their response, and the prosecution used this clarification as its primary piece of Evidence in the case. Silence does not imply guilt. Silence implies strategy.
Silence is not limited to interactions with police personnel. Be cautious regarding discussions concerning the event with colleagues, acquaintances, or via social media platforms. Never post regarding the event, never vent about it online, and never engage in subtle tweeting directed toward the individual who contacted the authorities. Social media communications — including text messages and Instagram posts — are frequently requested by prosecutors in the course of proceedings in Brampton courts. Posting something ill-advised at 2 A.m. May be detrimental to your defence team‘s efforts over many months.
2. Call a Brampton Criminal Defence Lawyer Before Your First Court Date
As previously stated, you should anticipate receiving either a court date or a bail hearing if the alleged offence is serious or concerns an intimate partner. Regardless of which occurs first, do not delay until you see how everything develops. Get in touch with a criminal defence lawyer right away.
Regardless of whether you are detained in jail, a bail hearing should occur as soon as possible — ideally within twenty-four hours. Prior to attending the bail hearing, your Brampton criminal lawyer requires sufficient time to locate a surety, develop a release plan, and communicate with the Crown. I have observed lawyers appointed to represent defendants on short notice perform admirably despite having little opportunity to prepare for such hearings. An inadequate bail hearing with poor conditions or a failure to grant bail may lead to extended periods of detention before trial commences.
Although you may be permitted to Appear before the court based on a Promise to attend, it would be foolish for you to attend your first appearance without the assistance of a defence lawyer. Due to the rapid pace at which Brampton court schedules operate, an unrepresented defendant frequently accepts terms or timelines that ultimately cause them harm.
3. Be aware of exactly what you have been charged with
All types of assault offences are not equivalent and significant variations exist among them.
Depending upon whether simple assault is alleged pursuant to section 266 of the Criminal Code, assault resulting in bodily harm (section 267), or a domestic assault complaint accompanied by an order barring contact with the accuser (which restricts access to your own home or your children) the exposure differs greatly. Depending upon whether the allegations involve weapons, a prior conviction for similar conduct, serious physical injury, etc., some cases are eligible for diversion or may be resolved through a peace bond agreement whereas others will be fiercely prosecuted by the Crown.
Review your disclosure carefully with your criminal lawyer as soon as it becomes accessible to determine: whether you are facing a hybrid offence; what restrictions apply to your release; and whether there is a no-contact order that prevents you from entering your own residence or contacting your children. The Crown’s office at Brampton often imposes stringent provisions in domestic complaints and breaches of even unintentional ones — such as sending an unwanted text message to pick up your pet — may result in additional charges added on top of your original charges.
4. Refrain from communicating with the alleged victim. Under no circumstances.
It appears that this is the most frequent manner in which individuals inadvertently undermine their own case; however, this consistently occurs.
A no-contact order is included with your release. The next week the individual you allegedly assaulted sends you a text — perhaps to discuss issues, perhaps merely to check-in. You react. Irrespective of who initiated communication first: responding violates your no-contact provision and constitutes a breach of that provision; breaches are treated very seriously in peel courts. I have witnessed numerous good cases collapse due to clients responding to telephone calls from complainants who desired to resolve their problems personally.
If you share children or housing with the complainant, this situation quickly evolves into chaos. Through your lawyer, work together to obtain proper variances to the requirements; do not improvise contact through unofficial channels.
5. Begin creating your own documentation and Evidence — immediately
Evidence fades away. People’s memories grow foggy. Video surveillance systems overwrite their recordings in hours or days.
Identify any witnesses present at the scene; collect their names and contact details as soon as feasible. Request copies of security camera footage from wherever the event occurred — drugstore parking lots, building lobbies, bars — since they will likely become critical pieces of Evidence for both sides. Document any injuries you suffered yourself through photographs or receive medical documentation promptly.
Create a chronology of events related to the incident using writing while your recollection is still vivid; even though it could seem unpleasantly painful to relive it. Retain any relevant text exchanges between now and when they expire; save nothing related to the occurrence and store any materials that provide context that was omitted from the police report. The prosecutor builds his/her case around Evidence; ensure that you create and preserve Evidence supporting your position as well.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you are seeking legal representation, contact Manbir Nirwal for a free consultation. We’re here to help.
