Being charged with a crime in Ontario is a serious matter, but it does not necessarily mean you will be convicted. In some cases, criminal charges can be withdrawn, stayed, or dismissed before trial. However, the process for getting charges dropped is complex and depends on legal, procedural, and evidentiary factors.
In this guide, we will explain how criminal charges can be dropped in Ontario, the legal strategies that may increase your chances, and why hiring an experienced criminal defence lawyer is crucial.
What Does It Mean to Have Criminal Charges Dropped?Withdrawn vs. Stayed vs. Dismissed Charges
There are several ways criminal charges can be discontinued:
- Withdrawn Charges: The Crown Attorney decides to stop prosecution. The case is closed, and the charge will not appear on your criminal record.
- Stayed Charges: The prosecution is temporarily halted, but the Crown retains the right to resume the case within one year.
- Dismissed Charges: A judge finds that there is no merit to the case and dismisses it outright.
Who Has the Authority to Drop Charges?
In Canada, the decision to withdraw or stay charges does not rest with the alleged victim but rather with:
- The Crown Attorney: The prosecutor assesses whether the case should proceed based on evidence and public interest.
- The Police: In rare cases, officers may recommend dropping charges if new evidence emerges.
- The Court: A judge may dismiss charges if there are procedural errors, Charter rights violations, or insufficient evidence.
Legal Reasons Charges May Be DroppedInsufficient Evidence
For a conviction, the Crown must prove guilt beyond a reasonable doubt. If the available evidence is weak, unreliable, or lacks credibility, the prosecution may withdraw the charges. This is common when:
- The key witness is uncooperative or refuses to testify.
- Physical or forensic evidence contradicts the allegations.
- Surveillance footage, phone records, or alibi evidence undermines the case.
Charter Rights Violations
If police violate an accused person’s Charter of Rights and Freedoms, it can lead to evidence being excluded from trial, which may result in dropped charges. Some common Charter breaches include:
- Section 8: Illegal search and seizure (e.g., searching a home without a warrant).
- Section 9: Arbitrary detention or unlawful arrest.
- Section 10(b): Failure to provide access to legal counsel upon arrest.
- Section 11(b): Unreasonable delay in bringing the case to trial (as per the Jordan ruling).
The Role of Witness TestimonyUncooperative Witnesses
In some cases, the complainant or a key witness may become uncooperative or recant their statement. If the prosecution’s case relies solely on this witness, they may choose to withdraw the charges.
Prior Inconsistent Statements
Even if a witness changes their story, the Crown may introduce prior inconsistent statements given to police. This is particularly common in domestic violence cases where the complainant later wishes to reconcile with the accused.
Compelled Testimony
In serious cases, the Crown can subpoena a reluctant witness, requiring them to testify under oath. If they refuse, they may face contempt of court charges.
Diversion Programs & Peace Bonds
For minor Offences, an accused may be eligible for diversion programs or peace bonds, which can result in charges being dropped.
- Diversion Programs: Typically available for first-time offenders, these programs involve counselling, community service, or rehabilitation. Successful completion results in the charges being withdrawn.
- Peace Bonds: A legally binding agreement where the accused agrees to stay away from the complainant or abide by certain conditions in exchange for charges being dropped.
Public Interest Considerations
The Crown must consider whether prosecuting the case serves the public interest. Charges may be dropped if:
- The accused has already taken significant rehabilitative steps.
- The Offence is minor, and prosecution would be a waste of public resources.
- The complainant does not wish to proceed, and there is no broader risk to society.
How to Improve Your Chances of Getting Charges DroppedHire an Experienced Criminal Lawyer
A skilled criminal defence lawyer can review the disclosure, identify weaknesses in the Crown’s case, file Charter applications to exclude unlawfully obtained evidence and negotiate with the Crown to have charges withdrawn or stayed.
Review the Crown Screening Form
The Crown Screening Form outlines how the prosecution intends to proceed with the case. A defence lawyer can use this document to explore options for a plea bargain or diversion program and determine if the case qualifies for a judicial pre-trial (a negotiation before a judge).
Cooperate but Do Not Incriminate Yourself
It is essential to exercise your right to remain silent and request a lawyer immediately upon arrest. Anything you say can be used against you, so do not discuss your case with the police or the complainant without legal counsel.
Negotiate a Plea Deal (If Appropriate)
In some cases, an accused may plead guilty to a lesser charge in exchange for the withdrawal of more serious charges. This is common when:
- The accused is charged with multiple Offences stemming from the same incident.
- The Crown is willing to drop certain charges in exchange for a guilty plea on a related Offence.
What If Your Charges Are Not Dropped?
If your charges are not dropped, you will need to prepare for the next steps in your legal defence. The options available will depend on the strength of the Crown’s case and the circumstances surrounding your charges.
One possibility is negotiating a plea deal with the Crown. This means agreeing to plead guilty to a lesser charge in exchange for dropping more serious charges or receiving a reduced sentence. Plea bargaining is common in cases where the evidence against the accused is strong, but both parties wish to avoid the time and cost of a trial. However, before agreeing to any plea deal, you should carefully consult with your lawyer to ensure it is in your best interest.
If a plea deal is not an option, you may need to prepare for trial. Going to trial requires a strong legal strategy, including gathering evidence, challenging witness testimony, and questioning the legality of the prosecution’s evidence. If your rights were violated during the investigation or arrest, your lawyer may file Charter applications to exclude evidence obtained unlawfully.
If you are convicted at trial, you may still have the option to appeal the decision. An appeal is a legal process in which a higher court reviews the trial’s outcome to determine whether legal errors affected the verdict. If an appeal is successful, your conviction could be overturned, or you could be granted a new trial.
Regardless of the outcome, facing criminal charges requires a well-planned defence strategy. Whether negotiating with the Crown, preparing for trial, or considering an appeal, an experienced criminal defence lawyer will guide you through the process and work to achieve the best possible outcome for your case.
Consult an Experienced Criminal Lawyer
Criminal charges can be dropped for a variety of reasons, including insufficient evidence, Charter rights violations, uncooperative witnesses, and public interest considerations. The best way to improve your chances is to hire an experienced Toronto criminal lawyer as early as possible.