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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3443
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My pregnant daughter has been charged for assault with a weapon

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My pregnant daughter has been charged for assault with a weapon . Picture frame is the weapon. Can she get legal aid. Should we get a lawyer?

Ulysses101 :

Hello, thank you for the question. Is she being interviewed now?

Customer:

Yes

Ulysses101 :

You have no access to her at the moment, right?

Customer:

right

Ulysses101 :

How old is she?

Customer:

29

Ulysses101 :

OK, you asked if she'll qualify for Legal Aid.

Customer:

Assaulted her husband with pot and or picture frame.

Ulysses101 :

That will depend on what exactly she's charged with, what penalty the Crown is seeking, and her financial circumstances. Or were you asking about a family law certificate?

Customer:

What is a flc?

Ulysses101 :

A certificate to hire a lawyer for family court. Are you asking about criminal certificate?

Ulysses101 :

Does she have an income or own property?

Customer:

Works part time and together own a house.

Ulysses101 :

OK, she's unlikely to get a free certificate, but she can ask for a certificate on a repayment plan. That's secured by a lien on the property, she has to pay back Legal Aid for what the lawyer charges it, plus 10% for administration costs. That's still a lot cheaper than hiring a lawyer privately, and she wouldn't have to come up with a retainer either.

Ulysses101 :

But she won't be able to apply until after her first court date when she gets her Crown Screening Form, which is a note from the Crown saying what charges it is proceeding with and what penalty it seeks on conviction.

Customer:

What if her name is XXXXX XXXXX the deed?

Ulysses101 :

You said they own a house together?

Customer:

They are married ffor 4 years . But her name is XXXXX XXXXX the mortgage.

Ulysses101 :

Mortgage doesn't matter, if she's on title to the property she's co-owner.

Customer:

She is not on the title

Ulysses101 :

Then it depends on income and other assets. She can't apply until after her first court date.

Ulysses101 :

Does she have a record? Is the alleged victim injured?

Customer:

no record . Bruised and scratched

Ulysses101 :

She's unlikely to get jail time.

Ulysses101 :

And if the crown isn't seeking jail time she's unlikely to get legal aid.

Customer:

how about keeping her in jail overnight?

Ulysses101 :

That's a different issue. The police at this point have to determine if she will need a bail hearing. I suspect not. You're there, she's pregnant, and no record.

Customer:

Should we get a lawyer?

Ulysses101 :

Absolutely. Preferably one that does family and criminal.

Customer:

ok thanks bye

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