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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I've been charged with assault and my court date is on

Customer Question

Hello, I've been charged with assault and my court date is on January 10th. I am a non violent person and I don't believe i'm guilty. I am a male, and as difficult as the officer found it to understand, i was defending myself, even though i am male. The charge was the result of a domestic dispute. I have no interest in keeping contact with this person, this is my first criminal charge. The officer mentioned something of the trial resulting in a peace bond, which I would be happy with. I am very worried because I have never assaulted anyone. As physical as I got was pushing her off me and keeping her off me.
Should I plea not guilty? I will probably have to represent myself. The charge was section 266, basic assault charge. And my first criminal charge. What should I expect happen? Are peace bonds common conclusions of these situations? Should I bring photos of my wounds? Thank you so much.
Submitted: 5 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 5 months ago.

If you did not commit the offence they are alleging then you should not be pleading guilt. That would be wrong because you would be admitting to something you didn't do, which is bad for you and also bad because it would be misleading the court. If the alleged assault was not very serious and you have no prior criminal record then a peace bond may be possible. On the first court date you will likely find out if you have been screened as eligible for a peace bond. Even if they don't initially screen you as eligible, sometimes if you do some anger management upfront they may change their mind and deem you eligible. That being said, even if they aren't offering a peace bond, you still are within your right to fight the charges and give your side of the story in hopes of an acquittal

Expert:  Daniel Freudman replied 5 months ago.

As for the photos, the first court date is not your trial date, it is just a "set date" meaning a preliminary court appearance where you will receive some "disclosure" (i.e. crown's evidence) and adjourn it to give you time to review that disclosure and ultimately conduct pre-trial discussions with the crown. As such, it would be more appropriate to bring the photos of your injuries either at your pre-trial discussion with the crown, or at trial. There wouldn't be much benefit to bringing the photos on your first court date as no judge or other person with authority over the charges would be likely to review your case on that date.

Hopefully that answers your questions.

Expert:  Daniel Freudman replied 5 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating I can receive compensation for my services. Thank you very much.

Expert:  Daniel Freudman replied 5 months ago.

Sorry to bother you but would you kindly provide me with a positive rating I can receive compensation for my services. Thank you very much.

Expert:  Daniel Freudman replied 5 months ago.

Sorry to bother you but would you kindly provide me with a positive rating I can receive compensation for my services. Thank you very much.

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