Learn how an Affidavit of Recantation can be used in domestic violence cases to help the accused avoid a criminal record.
In cases of domestic violence, alleged victims may choose to file an affidavit of recantation, which is a legal document that allows them to recant their previous statements and provide context regarding accusations against the accused. While the decision to file an affidavit of recantation can be complex and personal, one of the benefits for the accused is the possibility of avoiding a criminal record.
A criminal record can have long-lasting consequences for individuals, affecting their ability to find employment, secure housing, and access other resources. In cases of domestic violence, a criminal record can also have significant social and emotional consequences, including stigma and public shaming.
When a victim files an affidavit of recantation, they are essentially recanting their previous statements and accusations against the accused. This can lead to a change in the charges that are brought against the accused, or even to the charges being withdrawn.
If the charges are withdrawn, the accused will not have a criminal record related to the domestic violence incident. However, it is important to note that this is not always the case. Even if the charges are dismissed, the accused may still have a record of the arrest or the charges that were filed, which can still have negative consequences.
If the charges are not withdrawn, the accused may still have the opportunity to avoid a criminal record through a plea negotiation or a diversion program. A plea deal is an agreement between the accused and the prosecutor, where the accused agrees to plead guilty to a lesser charge in exchange for a reduced sentence or other benefits. A diversion program is a type of alternative sentencing program that allows the accused to complete certain requirements, such as community service or counselling, in exchange for the charges being withdrawn.
In both cases, the accused may be able to avoid a criminal record related to the domestic violence incident. However, it is important to note that these options are not always available or appropriate for every case.
It is also important to note that avoiding a criminal record should not be the only factor that the alleged victim considers when deciding whether to file an affidavit of recantation. Filing a false affidavit can have serious legal consequences, including public mischief charges.
Additionally, alleged victims have the right to change their mind and revoke their recantation statement at any time, which can lead to the charges being reinstated or new charges being filed. This can also result in the accused having a criminal record related to the domestic violence incident.
In conclusion, one of the benefits of an affidavit of recantation in cases of domestic violence is the possibility of avoiding a criminal record for the accused. However, this should not be the only factor that is considered when making the decision to file a recantation statement. It is important to consult with a competent lawyer, understand the legal implications of filing a false affidavit, and be prepared for the possibility of the charges being reinstated if the victim revokes their recantation statement.
The material within this website does not constitute legal advice or legal opinion. In addition, De Boyrie Law has made every effort to ensure that the information written on this website is entirely accurate, however, we cannot be held liable for any errors or inconsistencies. All content, original images, and their arrangement herein are protected and owned by De Boyrie Law; Criminal Lawyer Toronto.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.