It is one of the most common orders administered by the Court: a peace bond. Unfortunately, a lot of people don’t know the finer details that come with a peace bond.

What does the bond entail? How long does it last? What are the conditions? What happens if you breach it?

This blog post aims to breakdown and answer all the key questions that come with a peace bond.

Everything You Need To Know About Peace Bonds

What Is A Peace Bond?

Under section 810 of the Criminal Code, a peace bond is a protection order administered by a judge. It is used when a defendant appears likely to commit a criminal offence or hurt other individuals. Anybody who fears for their, and their family’s safety, can obtain a peace bond against the defendant from the Court.

How Long Does A Peace Bond Last?

Peace bonds can be enforced anywhere across Canada and can in place for up to one year, with a minimum of six months. However, if the threat remains consisted after the year, then the peace bond can be extended.

A peace bond is set up with certain conditions imposed by the Court. If the defendant were to break the terms of the peace bond, the action would be classified as a criminal offence, and therefore, the defendant would be criminally charged.

What Conditions Can Be Included In A Peace Bond?

There are many conditions which can be imposed in a peace bond, which the defendant must follow. Your Edmonton defence lawyer will be able to help you understand or plead a case against these conditions. Conditions can include:

The defendant must “keep the peace” and be on good behavior for a period of 12 months
They must not under any circumstance contact (via phone, text message, social media or letters) the victim or person that has issued the peace bond. They must also not contact family members or relatives that are related to the victim
They are forbidden to visit the person’s home
The defendant must not use any non-prescription drugs or alcohol, and if required, they will have to provide bodily samples to ensure they are following the conditions stipulated
Defendants are forbidden from owning or using weapons of any sort
They must also pay or agree to pay a cash bond to the Court

While these are the common conditions that are imposed by the Court, there are any other conditions, that are strictly related to your situation, that can be imposed in the peace bond. Having an Edmonton criminal defence lawyer presence can help you with your case.

Can You Plead Your Case Against The Peace Bond?

Yes, you can. For a peace bond to be issued, a peace bond hearing has to take place. A justice of the peace will listen to the evidence presented by both sides (the complainant and the defendant) and will decide whether the complainant has shown that on the “balance of probabilities” the defendant will cause injury.

You will be able to defend your stance during this hearing, but you should do it without speaking to your criminal lawyer in Edmonton. As the decision is out of your hands, it is best to get legal advice based on the circumstances of the case.

Is Agreeing To A Peace Bond The Same Thing As Pleading Guilty?

No, it is not the same. It is considered a separate entity, and once a person enters into a peace bond, it means that there is no finding of guilty. While the peace bond is still in effect, it will appear in a criminal record check for the police. Once it expires, it should be removed from your record.

However, in some cases, a person might enter a peace bond is to avoid a criminal record.

What Happens If You Break Or Disobey The Peace Bond?

Breaching any condition of the peace bond is a criminal offence. Whether you intentionally violate the peace bond or get involved in other illegal activities while on the bond, you will be charged by the Court.

Penalties can include losing some or all the money you pledged in Court, or as of 2015, you can be convicted of up to four years imprisonment, depending on the severity of your actions.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264.

If you have been charged with domestic violence, you are going to need legal support to help you with your case. While you might think that you can do it on your own, you have to get a domestic violence lawyer in Edmonton to help you, as there are four things they can do for you, that you can’t.

The Four Things A Domestic Violence Lawyer Can Do For Your Case

Stop You From Incriminating Yourself
If you have been charged with domestic violence, and you are arrested, anything you do or say can be used against you in court. You never know how the prosecution might twist your words and ruin your case in court. A domestic violence lawyer can help protect you during interrogations and in court.
Fight Against The Charges To Be Dropped
If you are innocent, your lawyer will do what it takes to make sure that the charges against you are dropped before you head to court. Going to court can be a stressful and destabilizing experience, so stopping the process from getting there can make you a difference – especially if you are innocent.
Defend Your Right For Custody
Not speaking or being able to be around your children during this period can be stressful, wrong and downright tricky. You might not think it, but your Edmonton domestic violence lawyer can defend your right for custody so that you will be allowed some time with your children. It might be a small win, but it is still a valuable one.
Develop A Strong Defence For Your Case
If you do end up in court on charged for domestic violence, you shouldn’t represent yourself in any situation. You need a lawyer to be by your side to make sure that you have a strong case, and that you can defend yourself in the long haul. They will protect you until the end, so you get a fair trial.

Legal Aid provides legal assistance to adults and youth on criminal charges, so they are able to obtain a Calgary defence lawyer. However, there are a few caveats to getting legal Aid in Calgary. So it is best to know what they are before you go to them.

Legal Aid is used for criminal charges, but can also be used for other family matters, (such as child welfare, custody battles and divorces), specific immigration issues (depending on success) and appeals (depending on the merits of the case).
When it comes to obtaining legal Aid for your defence lawyer, you have to be on a limited income. All your finances will be assessed, including your family income (after deductions) and your assets. Legal Aid will have a hard look at your circumstances to see if you are eligible to obtain aid services.
In regards to youth criminal charges, parents or guardians’ income will be assessed to determine if Legal Aid is possible.
Depending on your circumstances, Legal Aid might fully or partially pay your legal fees. It all depends on your financial situation.
However, Legal Aid is not free if you have the finances to cover it. You have to pay the services back when you can afford to do so. When the case is over, you will receive a statement of account and a monthly payment schedule with your bank. This way, you can keep track of payments and make sure you can repay the services.
Regardless of your charges or not, everyone in Calgary can reach out to Legal Aid services to receive free information on their case.

Contact an Experienced Calgary Defence Lawyer

If you need the eligibility requirements of Legal Aid, your next step is to find a defence lawyer in Calgary that you can trust. However, you don’t have to get Legal Aid first; you can also find a lawyer you like, who can put you in touch with Legal Aid services. They can even help you with the necessary paperwork and any financial assistance you might have about your case.

If you feel that you are entitled to Legal Aid, then start the process now to see if you can participate in the program.

Preparing for court is a struggle in itself, but surviving the day is another level altogether. How do you go about managing one of the most important days of your life?

5 Criminal Lawyer Tips To Help You Survive Court

Tell Your Story In A Logical Way
While in courtroom movies you see people tell their stories emotionally, it does not always work in real-life court. Logically telling your story and framing the facts in your account will help you. Be logical and precise as possible when it comes to your side of the story.
Be Brief & Focus On The Key Parts
The judge does not need to hear every little thing that happens to you. They want to listen to the essential parts that will impact your case, so be brief and to the point. Your Edmonton criminal lawyer will break down the critical points for you, so you know how to approach them in court.
Prepare Your Evidence & How It Relates To Your Story
As your court appearance goes along, you have to present your evidence. Preparing for this will be super helpful – something your defence lawyer can help when preparing for your court date. The more evidence that you have, the stronger your case will be.
Prepare For The Unexpected
Remember that the opposing lawyer is going to try and dismantle your evidence, your personality and throw curveballs at you. So you have to be prepared for the unexpected to happen while you’re at court. Practice what you will say when it does come up, stick to the facts and story, and more importantly, ignore your emotions.
Be Calm Regardless
Most importantly, when it comes to your court date: remain as calm as possible. Your emotions will be tested, your case will be ripped apart and your personality will be questioned over and over. Despite all this, you have to be calm and composed at the moment.

Going to court can be a mentally, physically and emotional experience. Make sure you get your friends, family and criminal lawyer to support you as much as possible.

One reason that many people need a DUI lawyer is that they face themselves charged with the ‘Over 80’ law. But what is the ‘Over 80’ law? Is it different to Impaired Driving? Are they not the same? In fact, they are two very different laws and situations that are unfortunately intertwined with each other.

Breaking Down The Over 80 & Impaired Driving Laws With A DUI Lawyer

To understand the difference between the laws, you have to go down to the finer dynamics of the law itself, which concerns the BAC (blood alcohol concentration).

The BAC is a test of how much alcohol is in your body, by measuring how much mg of alcohol is in each 100ml of blood. Results vary on a range of factors, such as how much you have consumed, the last time you had a drink, how quickly the alcohol went into your bloodstream, how fast it got out, and your weight. The problem is that alcohol reacts in everyone’s body differently, so therefore your BAC will vary.

You can have two drinks, and your BAC can read: “90 mg of Alcohol per 100ml of blood”. Or you can have six drinks, and your BAC can read: “50 mg of Alcohol per 100ml of blood”. And this is where the law comes in.

In Canada, it is a criminal offense to be in a car with your BAC being 80 or over; hence the law is referred by police and DUI lawyers as ‘Over 80’. However, you might not be impaired, and can be completely fine driving despite being over 80. Regardless, you will be charged.

Yet, you might be under 80mg, but you might be so intoxicated that your driving is ‘impaired’. You will, therefore, be charged with impaired driving, as you are considered a danger on the road. There is always a chance that you can be charged with both, and if so, you will be in serious trouble.

A DUI Lawyer Can Help You Face Your Charges

Regardless, facing a DUI charge for either reason requires that you hire yourself a criminal lawyer in Edmonton. While you might not win the charge, you can get your sentenced reduced, and in the case of being ‘Over 80’ and not being dangerous, you can win.

When you are charged with a crime, it is the beginning of a lengthy process. The time in between your initial charge and your trial date will be filled with appointments and court appearances. You have to be ready for it. This is how the process works and what you will have to go through if you are charged:

If you are arrested, you will be taken to a justice of the peace for your bail hearing. Depending on what you have been charged for, you can either be granted bail, meaning you are free until your court date. You can also be denied bail. This will happen in the following situations:
1. If you are considered a danger to the public
2. That you will not show up for your court appearances
3. You maintain the public’s confidence in the seeking of justice
Your ‘first appearance’ date will be set. Your ‘first appearance’ is not your trial, but an administrative process.
Right after your release, you should seek to appoint a criminal defence lawyer in Edmonton to help you with your case. You don’t want to hire a lawyer too late as it might cost you during your trial.
You will have to attend your ‘first appearance’ in court at the requested time. During this session:
1. Your criminal lawyer will seek to discuss the matters of your charge with the judge and the prosecutor. You will be disclosed a copy of the police investigation, which tells you why you were charged and the evidence against you.
2. You will have the chance to make your plea: guilty or not guilty. If you plead guilty, you will be sentenced. If you plead not guilty, you will be given a date for the trial.
You will have time now to prepare for your trial. During this period you will have to be open and honest with your defence lawyer about the trial. The more information you have, the more opportunities you have to succeed in court.

Get A Criminal Lawyer To Help You Immediately

We cannot stress this enough: if you have been charged with a crime, do you leave it go on for too long. Immediately find a criminal lawyer to help you with your case, so you can get the best result possible.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

Being charged for sexual assault is a severe situation. When the accused is brought to trial, there will be plenty of factors that will affect the case. While some are considered minor, others will be regarded as significant and will influence the jury’s decision.

Factors Provided By A Sexual Assault Lawyer That Are Considered In A Sexual Assault Case

The Initial Testimony Of The Victim
Perhaps the most significant point in any sexual assault case is the testimony of the victim. Their account of what happened will be the backbone of the prosecution’s case against the accused. The defence lawyer will break down the testimony and the evidence behind it, to see how it holds up in court.
If The Victim Was Intoxicated
If the victim was intoxicated during the incident, their memory of the event might not be what happened. It is therefore considered a vital factor that during the case if the victim was not in the right state of mind.
The Credibility Of The Victim, The Accused And Any Witnesses
The character history of the victim, the accused and any witnesses will be taken into account. The reputation of all of them could enhance or negatively affect the case.
If A Rape Exam Was Conducted
If rape has occurred and been reported to the authorities, then a rape examination would have taken place. The details of the report can have a massive impact on the outcome of the case.
The Viewpoint Of The Accused
While the victim’s testimony is the second most substantial part of the charge (following on from any physical evidence), the viewpoint from the accused will also be assessed. Discrepancies between the two stories will be sought by a criminal defence lawyer. It will help the accused’s case or lessen the likelihood of a severe sentence.
Previous Criminal History Of The Accused
If the accused has a previous history of sexual assault or violence, it will weigh heavily against them. If they do not, it will help them in the outcome of the charge. The prosecution and the sexual assault lawyer will have this information beforehand.

Even though it has been more than three months, the people of Calgary are still a little confused about the new breath test rules on the road. But before you go calling a DUI lawyer in Calgary, here are the rule changes you should know.

The Changes To The Breath Rules

The first significant change is that police now have the power to breathalyzer anyone they pull over, as opposed to the old law where they had to be suspicious the person was impaired.
You don’t even have to be driving the car either to be tested. Being in the vehicle is enough to get tested.
Refusing a test can result in you being fined up to $2,000 or given jail time for up to 10 years.
The end of the “bolus drinking defence”. The old laws stipulated that drivers could argue that they just consumed alcohol before driving and it has not been absorbed in their body yet. Your impaired driving lawyer cannot use this defence with the new law making it illegal to be at or over the limit two hours from driving.
Fines and penalties have also increased. Old laws for those convicted of driving impaired where subjected to $1,000 for a first offence, 30 days in jail for a second offence, and 120 days in prison for a third offence.
The new laws include fines based on the amount of blood alcohol content you have in your system when you’re tested. First time offenders will be fined $1,000 (if they have between 80-119 mg of alcohol), $1,500 (between 120-159 mg), $2,500 (160 mg or more).
The maximum penalties have increased if bodily harm, or death, occurs. If you are impaired and cause bodily harm, you can be sentenced to as much as 14 years in prison. For those that are impaired and cause death on the rules, they face life imprisonment.

Contact A DUI Lawyer In Calgary

If you have fallen victim to the new impaired driving laws, you can still put up a defence. DUI lawyers in Calgary will take on your case and try to get you the best result possible.

Being charged with domestic violence is a serious offence. You will have to go to court, hire a domestic violence lawyer and contest the charge. If you are found guilty, you could face severe consequences for your actions:

The Results Of Being Found Guilty Of Domestic Violence

Depending on your circumstances (more on that below), you could face different types of punishments. They can include:

Being sent to jail for an amount of time.
You could be given a suspended sentence, which means you are not sent to jail, but you will be placed under strict probation. You could also face probation both before and after your jail sentence as well.
Court-ordered therapy and programs that have to be completed. This is usually offered to first-time offenders. Completing a program can result in you not having the conviction or charge put on your criminal record.
A conditional sentence can be the result, which means that you will serve your jail time outside, such as being under house arrest.
In some cases, you will have to pay restitution to cover the victim’s costs for personal injury, damages and court fees.
You could have to pay a fine while serving probation.

When the court sentences you, it will assess the situation before making a final decision on your sentence. They will consider the following:

The details of the offence
How severe and dangerous the offence was
Your previous criminal history
If you have any prior history of domestic violence
If you pleaded guilty before the trial or not (you would have discussed this with your criminal defence lawyer beforehand)
The chances of you committing the same crime again in future

A Domestic Violence Lawyer Can Help You

The outcome of your charge will solely depend on how you represent yourself in the trial. It is imperative that you get a domestic violence lawyer to help you. They will be able to provide you with the support you need during your trial for domestic abuse.

When you are convicted of a DUI in Canada, you will have the charge attached to your permanent record forever. That means facing severe implications for the rest of your life, such as difficulties getting a job and paying higher insurance premiums. But there are always ways in which you can avoid having the charge attached to your criminal record.

Get A DUI Lawyer To Argue The Case For You

The first step to trying to remove a DUI from your record is by not getting it in the first place. Start searching for a DUI or criminal defence lawyer in Edmonton as soon as possible. They will be able to help you with your case. And if you are convicted, can help you remove the DUI.

See If The Impaired Driving Lawyer Can Get You A ‘Recorded Suspension

While not necessary a method in removing the charge from your permanent record, a ‘recorded suspension’ (also known as a pardon, but has since been renamed) can help your make your life a little easier – down the line. If you have not committed any further offences following your DUI conviction, meet the eligibility requirements, and after a period of five years, you can apply. It will not erase the DUI from your record, but it will seal it so that employers are not able to see it.

Apply For A Curative Discharge With Your Defence Lawyer

For those with repeated offences, the only hope of removing a DUI from the record is to attempt to apply for a ‘curative discharge’. To apply for this, you have to prove you suffer from a substance abuse problem and you require treatment, which has to be established by a psychologist. You have to meet the criteria demanded by the court, such as:

Proving motivation to overcome the addiction
Committing to treatment
Going through a period of probation unscathed

If you can do so, then your DUI record will be discharged from your record. It is best to speak to your DUI lawyer in Edmonton in regards to this approach.

Dunlap Criminal Defence Lawyer

Category: Uncategorized