Charges

(i was charged with assult( my husband) anyways i was charged...  he did not sign nothing or didnt even go in for a statement, will the charges be dropped knowing the police dont have the proof with out my hubby...the police are the ones that charged me not my hubby...iam a total mess we have never had a fight like this in 30 yrs ,please if you can put some ease on my brain it would sure help


Asked about 7 years ago in British Columbia
Categories: Criminal Law

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John P Gustafson

Answer by John P Gustafson

VerifiedBritish Columbia lawyer


Crown counsel (the prosecutor) has the ultimate say in whether or not the charges will go to court.  They will usually base this decision on two criteria: (1) the chance of conviction and (2) whether or not it is in the public interest.
Domestic assault charges are being taken very seriously right now, so it is unlikely a prosecutor will decide that it is not in the public interest.  This is even true for very minor incidents for people without a criminal history.  However, the chances of conviction are likely to be very low IF your husband is not cooperating with the police/prosecutors and there is no independant witnesses.
That said it is impossible to know what the prosecutor will do.  It all depends on the details of the case.  For now you should assume that they are going ahead with the charges and seek out some case specific legal advice.  Legal aid is possible if you cannot afford a lawyer, there are also options through UVic and UBC law students.

Posted almost 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact John P Gustafson, or search the Lawyer Directory.


John P Gustafson

Answer by John P Gustafson

VerifiedBritish Columbia lawyer


Crown counsel (the prosecutor) has the ultimate say in whether or not the charges will go to court.  They will usually base this decision on two criteria: (1) the chance of conviction and (2) whether or not it is in the public interest.
Domestic assault charges are being taken very seriously right now, so it is unlikely a prosecutor will decide that it is not in the public interest.  This is even true for very minor incidents for people without a criminal history.  However, the chances of conviction are likely to be very low IF your husband is not cooperating with the police/prosecutors and there is no independant witnesses.
That said it is impossible to know what the prosecutor will do.  It all depends on the details of the case.  For now you should assume that they are going ahead with the charges and seek out some case specific legal advice.  Legal aid is possible if you cannot afford a lawyer, there are also options through UVic and UBC law students.

Posted almost 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact John P Gustafson, or search the Lawyer Directory.

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