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Author:Jaclyn Lawrence

Domestic Assault: What you need to know

A domestic assault charge can have serious and long lasting consequences. No matter how minor the incident, it will be treated as a very serious matter by police and prosecutors. As soon as a spouse, family member, a neighbour or other third party calls the police to report a domestic incident, the case will be handled differently from other criminal cases. The police will show up quickly, and they will almost always make an arrest, even when there are no injuries.

Know your rights

Anytime you are arrested, you have several fundamental rights afforded to you under the Canadian Charter of Rights and Freedoms, including the right to speak to a lawyer without delay.  Many people still do not exercise their right to speak with a lawyer when they have been charged with domestic assault. While the police may tell you that this is your chance to tell them your side of the story, the reality is that the police are not on your side, and anything you tell them can and will be used against you. It is always recommended that you exercise your right to speak to a lawyer and to otherwise remain silent (that is do not talk to the police about the incident or otherwise).

A knowledgeable criminal lawyer will be in the best position to provide you with immediate legal advice upon you being arrested for domestic assault.

Know your bail conditions

After your arrest, you will likely be released with conditions. Bail conditions last until the completion of the case or unless they are varied, either directly by the police or by a Justice of the Peace or a judge. One of the basic conditions is likely to be that you do not have any communication or contact “directly or indirectly” with your partner or spouse, and/or that you do not go to the address where he/she resides (which may be your house) or go to his or her employment or educational facility.

The term “communicate” refers to any form of communication. This means that you cannot use a third party to contact or communicate with your partner or spouse. It also means that you cannot post messages on social media directed at your spouse, knowing that he or she is likely to see those messages. Even if your partner or spouse initiates contact with you, this is not a defence if you continue to engage in the communication.

It is fundamental that you don’t breach your conditions. It is highly recommended that you speak to a knowledgeable criminal defence lawyer as to changing the conditions of your release.

Know the process

A conviction for a domestic assault can result in a criminal record, the loss of your employment, can prevent you from getting certain types of jobs in the future, and could prevent you from traveling to the United States.

Resolving a domestic assault case is not as simple as your spouse asking to have the charges dropped. It is not up to the complainant to drop or pursue the charges. The case is dealt within the criminal justice system.

It is highly recommended that if you have been arrested or charged with domestic assault, you contact an experienced criminal defence lawyer to represent your interests.

We are very experienced with domestic assault cases. Don’t delay and contact us if you have been charged. We have many offices in BC to serve you including Vancouver, Surrey, Richmond and Kelowna.

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Kevin Filkow chairs TLABC webinar on the Immediate Roadside Prohibition (“IRP”) regime

Kevin Filkow presented to members of the Trial Lawyers Association of BC on March 3, 2016. The informative webinar instructed lawyers on the Immediate Roadside Prohibition (“IRP”)  regime. The topics covered were:

  • Issues that determine whether a client should file for a review
  • Challenging the admissibility of evidence
  • Challenging the credibility and reliability of evidence
  • Taking advantage of police mistakes
  • Common mistakes that lawyers seem to be making
  • The inside scoop on the workings of RoadSafetyBC and its policies
  • The FST – how it works, why it was introduced and the basics of calibration testings
  • New case law
  • The remedial programs

The Immediate Roadside Prohibition regime is very different than how the system used to work. The process is different. The laws are different. The issues are different.  The timelines are different. The decision makers are different. It has become a very specialized area.

Filkow Law is a leading BC law firm dealing with drinking and driving offences. If you receive an IRP – you have 7 days to dispute it. Contact us at 604-558-8778 to discuss.

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Alcohol related offences highest during holidays

December is a busy time of year for all of us. Friends and families come together, enjoy good company, food and wine…and maybe beer…and vodka… and a long drive home. It is no surprise that impaired driving rates are highest in December. In fact, there were an estimated 24,000 cars stopped at BC police check stops last Friday night alone. Inevitably, your chance of receiving an Immediate Roadside Prohibition or being charged with a driving offence is exponentially higher during the holiday season.

An Immediate Roadside Prohibition (commonly referred to as an “IRP”) is a driving prohibition issued under the British Columbia Motor Vehicle Act to drivers found to have a blood alcohol concentration of 50 milligrams per 100 millilitres of blood (50 mg% or 0.05 BAC) and above. These prohibitions begin immediately, and can vary in length from 3 days (if you blow a WARN) to 90 days (if you blow a FAIL or refuse to provide a breath sample).

If you receive a 90 day prohibition, your vehicle will also be impounded for 30 days, and you will be responsible for the costs associated with towing and storage. This is accompanied by a $500 fine, a $250.00 license reinstatement fee, and a referral to the Responsible Driver Program, which costs over $800. Another possible consequence of an IRP is a referral to the Ignition Interlock Program, which will cost you over $1000, plus maintenance fees.

What many people don’t know about Immediate Roadside Prohibitions is that you have 7 days to dispute them. If you do not respond within 7 days, your IRP will be confirmed, it will remain on your driving record, and you can look forward to paying all those fees listed above! Not exactly the type of gifts you had in mind this holiday season! It is very easy to get caught up in all the holiday madness and forget this crucial deadline.

If you or someone you know have received an Immediate Roadside Prohibition or have been charged with a driving offence, contact Filkow Law at 604-558-8778 for proper legal assistance. Filkow Law is a leading BC law firm experienced dealing with drinking and driving offences.

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