Arrest warrants in calgary

Hello im hoping someone can give some advice on this subject. I recently found out my wife was cheating on me, upon discovering this i made the stupid move of threatening to kill her, I know this was wrong i had had one too many drinks, was very emotional and i know this was a stupid move, i would never have hurt her but i understand the severity of my actions. Now this is where i go from being stupid and drunk to just plain stupid as hell ! Part of my bail conditions was that i was to have no contact with my wife, A few days later i sent her a txt asking if she was ok, my intentions were purely to find out if she was ok, however under advice form her lawyer she reported this text to the police, So now i have broken my bail conditions and the police called me in so i could be charged with that offence. Well due to the emmotional pressure i was under i did an even more outragously stupid thing, i got on a plane and left for england which is where i sit now typing this, So i didnt appear at court and now i have a string of other charges against me. I have been here a couple of weeks now and have subsequently been talking to my wife and we are trying to work through this problem, she has found a councilor to talk about her actions and likewise, so have i. So my question is twofold<br /><br />1. What is going to be the likley sentence for the crimes i have commited?<br />2. If my wife and are going to reconcile, will the courts takes into consideration?<br /><br />So any help wouldl be greatly appreciated<br /><br />lee

Asked over 11 years ago in Ontario

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John P Gustafson

Answer by John P Gustafson

VerifiedBritish Columbia lawyer

1. The likely sentence is difficult to predict.  It will depend on your prior record (if any) and your other personal circumstances.  A person who has generally been a "good citizen" will usually get a lighter sentence.  The lightest sentence realistically available if you are convicted or plead guilty is what is know as a conditional discharge.  This is a sentence that puts you on probation for a while and then leaves you without a criminal record if you comply.  Such a sentence may be unlikely given the breach of your bail and failure to appear in court.  The worst case scenario would be a relatively short jail sentence.  These are relatively minor offenses, but jail is still possible because of the alleged breaches of your obligations.  You should also be aware that Alberta tends to have slightly higher sentences than other provinces.  You should do whatever you can to get some legal representations.  If you cannot afford a lawyer (make sure you shop around before you decide this) look into legal aid options or other free services such as law student programs or duty counsel services.  It is often said (for good reason) that sentence is the place a good lawyer can make the biggest difference.

2. Your wife's position will likely be taken into consideration.  If you are found guilty or plead guilty it will be considered on sentencing and MAY result in a lighter sentence.  It MAY also affect Crown Counsel's position on sentencing or (if she is uncooperative) their desire to prosecute the charges.  This is another area where having your own lawyer may be of great assistance; every situation is a little different.

Posted over 11 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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