If you’re facing a court date in Ontario, you may be wondering how to get criminal charges dropped. Although it never happens in the dramatic fashion depicted on TV shows, the Crown, the complainant, the judge, the defence lawyer, and the defendant can all influence the process.
- Dropping charges can mean either withdrawing the charges, dismissing them, or staying them.
- The Crown is the primary decision maker in whether to drop the charges, but the victims can influence the decision via affidavits or amended statements, by communication through the VWAP, or in direct communication with the Crown.
- The accused can improve the chances of the charges being dropped by hiring a lawyer early in the process and demonstrating readiness to enter a diversion program.
- A criminal lawyer is essential to getting the best outcome. They can negotiate with the Crown, analyze evidence, identify Charter breaches, and help you navigate the court process.
Table of Contents
What Does “Dropping Charges” Mean?
When trying to figure out how to get criminal charges dropped, start with understanding what “dropped” means in practice. In Ontario, charges can be:
- Withdrawn: The Crown elects not to proceed with the case, and the case is effectively closed.
- Dismissed: A judge determines that there’s not enough evidence for the case to proceed.
- Stayed: Either the Crown or a judge can halt the case. In some cases, the proceedings can be restarted later.
When people talk about how to get criminal charges dropped, they’re usually talking about the case being withdrawn.
The Crown’s Role
The Crown plays a significant role in whether a criminal charge will go forward. There are three factors that could play a role in how to get criminal charges dropped.1
Insufficient Evidence
The Crown will only continue with the case if there’s a reasonable chance of securing a conviction. If the evidence is too weak, the Crown usually withdraws the case. Evidence could be weak due to numerous reasons, including:
- A missing element that is required for prosecution, such as mens rea.
- Thin or contradictory evidence.
- Reluctant or unreliable witnesses.
- Procedural violations, such as breaches of the protections guaranteed in the Charter of Rights and Freedoms, police misconduct, or gaps in the evidentiary chain of custody.
- New evidence that calls the accepted version of events into question.
Public Interest Review
The Crown might withdraw or stay a case if the public interest wouldn’t be served by a conviction. For example, if the harm caused was minor, there’s evidence of police misconduct, or the accused has made significant progress toward rehabilitation, the Crown could decide that the public would be better served with other remedies. There are many additional reasons for withdrawal that fall under this category.
Diversion Programs
The Crown can refer the accused to a diversion program before or after charges are laid. Diversion can include community service, counselling, drug treatment, a charitable donation, or a variety of other remedies.3 Learning about diversion programs is key to understanding how to get criminal charges dropped. If the accused is referred for diversion after charges are laid, the Crown typically withdraws the charges after the accused completes the program.
The Role of the Complainant
A victim can’t decide to drop criminal charges, although they can influence the decision through these channels:
Affidavit or Updated Statement.
The victim can provide a sworn affidavit about the facts of the case. The Crown will take this into account in determining whether to proceed with the prosecution.
Communicating through VWAP
In Ontario, the Victim/Witness Assistance Program (VWAP) helps victims and witnesses understand and participate in the court process.4 Through this channel, victims can give the Crown information, including their preference to have the charges withdrawn.
Direct Request to the Crown
A victim can make a direct request that the Crown withdraw the charges if they believe that criminal charges aren’t necessary or appropriate under the circumstances. Although the Crown isn’t obligated to follow the victim’s preferences, they will include the input as part of their overall assessment.
The Role of the Accused
The accused person also has a role to play in how to get criminal charges dropped.
Early Legal Representation
Having a criminal lawyer on your team is a key step in how to get criminal charges dropped. A criminal defence lawyer will get to work on your case immediately, reviewing the Crown’s evidence against you, identifying Charter violations, and checking for evidence that is not admissible in court.
Negotiating with the Crown
Before your trial, a defence lawyer can attempt to steer the outcome toward dismissal. Your lawyer might do this by raising public interest factors, highlighting your efforts at rehabilitation, demonstrating your commitment to counselling, and emphasizing your community ties. Your lawyer might also suggest a peace bond as a remedy, which avoids a criminal conviction and criminal record.
Preparing for a Diversion Program
If a diversion program5 is appropriate, your lawyer will line up options and prepare statements and evidence demonstrating your readiness for such a program. Getting started with counselling or rehabilitation well before your trial can go a long way toward showing that you are a good candidate for a diversion program.
How a Criminal Defence Lawyer Can Help with Getting Charges Dropped
A good criminal defence lawyer is invaluable in how to get criminal charges dropped. At every stage in the process, your lawyer will work with you, the police, and the Crown attorney to ensure that you are treated fairly and have the best chance possible of having the charges against you withdrawn or stayed. Here are the specific ways a criminal defence lawyer can assist you in how to get criminal charges dropped.
Investigating and Analyzing the Case
A lawyer can review the evidence, look for charter breaches, assess witness credibility, consult with experts, conduct independent investigations, and collect additional evidence.
Negotiating with the Crown
This can involve presenting arguments at Crown and judicial pretrials, to point out weaknesses in the case and get feedback about potential alternative remedies, engaging in discussions around the charges themselves and the potential for pleading to lesser charges, and negotiating for diversion programs, peace bond resolutions, and civil or administrative alternatives to criminal charges.
Preparing Mitigating Evidence
Your lawyer can present mitigating factors and demonstrate your willingness and preparedness to participate in diversion programs and contribute to your own rehabilitation. They can collect character letters, medical documentation, information about your employment, and other information that humanizes you to the Crown and the court.
Guiding You Through the Court System
As part of how to get criminal charges dropped, your lawyer will ensure that you understand court procedures. They will keep you on track and on schedule, checking on what needs to be done when and making sure it’s done correctly. Having an experienced lawyer at your side is critical to how to get criminal charges dropped. They will protect you and your rights at every step of the process, minimizing the impact on your life while ensuring you remain calm and focused.
How to Get Criminal Charges Dropped
Understanding how to get criminal charges dropped in Ontario requires knowing how the Crown makes decisions and how the parts of the criminal justice system work together. You’ve already taken a big step by reading this material. Although there’s no guarantee that the charges against you will be withdrawn, working with an experienced criminal defence lawyer significantly improves your chances of an outcome that’s favourable for you. If you’re facing criminal charges, contact the team at Zamani Law. Led by renowned criminal lawyer Farid Zamani, Zamani Law will work tirelessly to get the charges withdrawn and obtain an outcome that’s optimal for you. Contact Zamani Law today for a free consultation.
About the Author
Farid Zamani is the founder of Zamani Law, a GTA-based criminal defence firm committed to protecting clients’ rights with professionalism and compassion. After earning his law degree at Buckingham Law School in the U.K., Farid worked at Daley Byer Criminal Law for 12 years before launching his own firm. Farid is skilled in all areas of criminal law and has built a strong reputation for his adeptness in navigating complex cases and achieving successful outcomes. Dedicated to the community, Farid is the co-founder of the non-profit Children Without Borders and has contributed to many other charitable organizations.
References
1 https://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p2/ch03.html?2https://criminalnotebook.ca/index.php/Alternative_Measures?3 https://www.legalaid.on.ca/faq/diversion/4 https://www.ontario.ca/page/victimwitness-assistance-program5 https://stepstojustice.ca/questions/criminal-law/what-diversion/
