- Importance of Legal Counsel in Affidavit Preparation
- Legal Expertise and Affidavit Strength
- Common Pitfalls in Self-Drafted Affidavits
- Role of Legal Counsel in Ensuring Factual Accuracy
- Legal and Ethical Considerations
- Enhancing Persuasiveness Through Legal Guidance
- Practical Tips for Collaboration with Legal Counsel
When defendants or complainants in criminal cases want to present additional evidence or make a new statement, they can do so through written documents known as affidavits. In criminal law, affidavits can be used in various situations, including domestic violence, harassment and sexual assault cases, for example, when complainants prefer not to proceed with the charges after initially reporting the incident.
With zero tolerance for assault and domestic violence, the Crown Attorneys will proceed with the prosecution if they believe that conviction serves the public interest. An affidavit by the complainant can help provide the Crown with more perspective into the degree of public interest in conviction, for example, by offering a more comprehensive outline of the relationship with the accused or insights into why the prosecution may consider having the charges dropped.
There are several ways to make such a written testimony, including hiring a criminal lawyer to prepare an affidavit or drafting a self-made affidavit using a template from the Internet. While the latter option may seem fairly straightforward, it is always a good idea to check all the pros and cons in light of the consequences of conviction and risks of perjury charges for contradicting earlier statements. Keep reading to learn more about what an affidavit is, how to get an affidavit in Ontario, what a lawyer does when asked to help with an affidavit in a criminal case and discover practical tips for enhancing persuasiveness through legal guidance.
Importance of Legal Counsel in Affidavit Preparation
While affidavit templates are widely available on the web, the assistance of good criminal lawyers in drafting an affidavit can prove indispensable to provide for its legal effect and avoid common pitfalls. An affidavit lawyer will ensure the factual accuracy of your written testimony, enhance its persuasiveness by providing legal guidance and address all legal and ethical considerations.
A well-crafted affidavit can make all the difference in obtaining the most favourable outcome in a criminal case under the circumstances. That said, the costs of a lawyer’s affidavit can be more than justified compared to the disruptive consequence of conviction, including a criminal record with far-reaching implications for employment, housing and social opportunities.
Legal Expertise and Affidavit Strength
The strength of an affidavit depends on several factors, including:
- whether it is made and executed according to all applicable legal requirements,
- how effective it is in convincing the Crown to drop the charges,
- whether it mitigates the legal risks associated with potential charges for contracting the initial testimony to the police.
Obviously, drafting an effective affidavit that convinces Crown Attorneys to reassess their evidence in the case without risking perjury charges for false statements takes much more than filling out a template document. Needless to say, the text of the affidavit must be written in clear and precise legal language, correctly identifying all the mentioned parties and accurately presenting the facts. It takes years of legal practice to draft an effective legal document like that with the aim to steer the course of the criminal case in another direction.
Common Pitfalls in Self-Drafted Affidavits
Although the involvement of a lawyer in writing an affidavit is not legally required, self-drafted written testimonies can lead to multiple potential pitfalls. It takes considerable experience with various criminal cases to avoid those risks and write an affidavit that would be legally sound and effective.
One of the most common pitfalls of self-drafted affidavits is a tendency to include opinions or conclusions. Meanwhile, the legal standards for affidavits in Canada make it clear that such a document must only present facts supported by names, dates and documents. Failure to fulfill this requirement can lead to the affidavit being rejected or considered inadmissible.
Other common areas of concern in self-made affidavits include:
- using unclear, non-precise or improper language,
- incorrect identification of the parties mentioned in the affidavits, including their names and addresses,
- not having the affidavit properly dated, signed and witnessed,
- false or inaccurate presentation of facts or contracting earlier statements to the police.
Role of Legal Counsel in Ensuring Factual Accuracy
While it is the person making the affidavit, known as the affiant, who is responsible for the accuracy of their statements, a lawyer is instrumental in offering legal guidance to ensure such accuracy.
Unlike a commissioner of oath or someone only witnessing the signing of an affidavit, a legal counsel will help to verify and cross-check the facts outlined in your written statements. When preparing an affidavit, the lawyer can assist in corroborating your statements with other evidence and present the facts in a convincing and coherent manner.
Legal and Ethical Considerations
In criminal situations involving domestic violence or assault, it is not uncommon for the victim to change their mind about pressing the charges. Meanwhile, one of the major risks of affidavits seeking to have charges dropped is related to incriminating yourself when presenting new facts that contradict your earlier statements to the police. In such situations, the prosecution may charge you for public mischief for lying to the police under Section 140 (1) of the Criminal Code of Canada, bearing the maximum penalty of five years in prison if prosecuted by indictment.
You need the assistance of an experienced criminal lawyer to ensure that your affidavit does not lead to charges for false statements when presenting new facts or evidence. When making an affidavit, your lawyer will ensure that your statements are in line with your previous testimony and that your affidavit does not incriminate you for lying to the police.
Enhancing Persuasiveness Through Legal Guidance
For the affidavit to provide the Crown with greater clarity about the case, it must be articulated in a coherent and persuasive manner. It can only be effective and capable of providing the prosecution with a new perspective when all facts are laid out accurately using the right legal language and terminology.
Having an affidavit drafted by a lawyer gives the peace of mind that all facts are accurately laid out and corroborated by evidence. When an affidavit is made in correct legal terms, stands to legal standards and accurately represents the facts, it has the best chance to influence the Crown Attorneys in their decision whether to continue with the charges.
Practical Tips for Collaboration with Legal Counsel
In the criminal process, making an affidavit earlier always raises the chances of influencing the Crown in their decision-making. Thus, it is always best to engage a criminal lawyer as early as possible when seeking to have the Crown drop the charges.
When working with lawyers to draft an affidavit, it is also in your best interest to be transparent with information. Only when a lawyer has full details about the incident can they be effective in drafting the most persuasive affidavit that could help to change the course of the criminal case.
Conclusion
The existence of multiple legal requirements for assault affidavits, the disruptive consequences of criminal conviction and the risks faced by affiants for contradicting themselves call for legal assistance. An experienced lawyer will ensure that the affidavit complies with the rules of evidence, is based on the facts and is detailed and specific to influence the Crown’s decision.
If you are looking for a law firm in Vaughan, Ontario or elsewhere in the Greater Toronto Area for writing an affidavit to have the charges dropped or dismissed, do not hesitate to contact criminal lawyers from Vilkhov Law. Our domestic assault and harassment lawyers offer legal guidance and strategic advice throughout Toronto, Mississauga, Brampton, Innisfil and the rest of the GTA, drafting affidavits for clients seeking dropped charges for their partners in all types of criminal cases.
