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Defending Domestic Assault Cases at The Defence Group

Posted by  on March 24, 2015
Defending Domestic Assault Cases at The Defence Group

The domestic assault lawyers at The Defence Group regularly monitor changes to government policies on domestic assault. These policies affect how our bail hearing lawyers present their case in court, and how we negotiate the best possible outcome to your domestic violence case. These policies also affect our trial strategy and trial preparation. It is only by keeping on top of changes to the law that we can provide the best defence to your criminal law case.

The government has imposed tough policies on the police and the Crown attorneys who investigate and prosecute domestic violence cases. Those policies take away the discretion of the police in dealing with domestic assault allegations, and direct them to lay charges as soon as they receive an allegation of domestic assault. They rarely investigate, and rarely show any interest in hearing the defendant’s side of the story. And as the domestic assault attorneys at the Defence Group know very well, there are always two sides to every story. And instead or releasing a defendant from the police station, 90% of the time the police will hold you in custody for a “show cause” bail hearing, even if you have no criminal record!

The Crown attorney’s office is also bound by tough policies on domestic violence, which require them to seek tough bail conditions to remove you from your home and prevent any contact with the complainant. This tears families apart and makes it impossible for you and your partner to fix the problems that led to the allegations in the first place. To make matters worse, the backlog in the courts can enforce that separation for up to a year or more, causing permanent damage to family relationships.

The Crown policies on domestic assault prevent the prosecutors from withdrawing charges, agreeing to peace bonds, or varying bail conditions without a guilty plea. They also are instructed to pursue the case to the fullest extent, and to seek the toughest penalties.

Only a properly prepared and carefully conducted negotiation can persuade the Crown to ease up on its strict policies. The domestic assault lawyers at The Defence Group are experienced former Crown attorneys who know how to negotiate the best outcome in domestic assault cases, because we have been on the other side. Our success rate in domestic assault cases is very high, and we often win the case without a trial. And if a trial is necessary, as experienced trial attorneys, we fight to win.

The Newmarket, Toronto, Milton, Brampton and Oshawa domestic assault lawyers at The Defence Group are always available to serve you- wherever and whenever you need our help.

Our 24-7 criminal law emergency service is always on call, at (416) 615-8282.

For a free consultation, call us at 416-363-1331 or visit our website at www.defencegroup.ca

We offer evening appointments and convenient service from our four criminal law offices in the GTA: in Vaughan, Oakville, Scarborough and downtown Toronto.

And for your convenience, we offer flexible payment plans and several payment options, including Visa and Mastercard.

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Arun S. Maini, lawyer and founder of The Defence Group, has practised criminal law since 1995. He’s a graduate of the University of Toronto and Dalhousie University Law School. After completing his articles at a Bay St. law firm, Mr. Maini joined the federal Department of Justice as a prosecutor of drug trafficking, tax evasion, and immigration fraud cases in Toronto, Brampton and Vancouver. In 1999, Mr. Maini transferred to the provincial Crown attorney’s office in Brampton, where he prosecuted a wide range of criminal offences, from theft to murder. In 2003, Mr. Maini left the government to establish The Defence Group. Mr. Maini handles all criminal offences and regulatory prosecutions.

Over more than 25 years as a criminal lawyer, Mr. Maini has prosecuted and defended hundreds of criminal cases, and has extensive jury trial experience. Mr. Maini has also lectured at The Advocates’ Society and has taught advocacy at the Law Society and Osgoode Hall Law School’s Intensive Trial Advocacy program. Maini appears occasionally in the media to comment on criminal law – see examples from the CBC, the Toronto Star, and the National Post.

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