Can Criminal Charges Be Dropped Before Trial?
Criminal charges do not always have to proceed to trial. In Ontario, a case may sometimes end or be resolved during the pre-trial stages of the criminal court process.
The phrase “dropping charges” is commonly used by the public, but it is not one specific legal outcome. Depending on the circumstances, a case may involve:
- withdrawal of one or more charges by the Crown;
- diversion or another alternative resolution;
- withdrawal following an agreed resolution;
- a stay of proceedings; or
- another lawful resolution before trial.
Ontario Court of Justice guidance confirms that criminal charges can be resolved through withdrawal or diversion and that resolution may occur before trial.
Can Criminal Charges Be Withdrawn Before a Trial Date?
Yes, charges may be withdrawn before a case reaches trial.
For example, disclosure may reveal an evidentiary problem, or defence counsel may identify an issue that affects the strength of the prosecution. The defence and Crown may also discuss possible resolutions during a Crown pre-trial.
In some cases, a judicial pre-trial may be used to consider whether the proceeding can be resolved without trial. Ontario Court of Justice guidance identifies withdrawals, diversion, and guilty pleas as possible matters discussed during this process.
However, the existence of pre-trial resolution options does not mean every case will qualify for one. If an appropriate resolution cannot be reached, the prosecution may continue toward trial.
Who Decides Whether Criminal Charges Continue?
After criminal charges have been laid, an accused person cannot simply cancel the case. A complainant also does not have unilateral authority to end the prosecution.
The Crown prosecutor assesses whether the prosecution should continue according to Ontario’s charge-screening standards.
What Is the Crown Prosecutor’s Role After Charges Are Laid?
Police investigate alleged criminal offences and may lay charges through the applicable criminal process. Once the case is being prosecuted, the Crown makes prosecutorial decisions about whether the charge should continue.
Ontario’s Crown Prosecution Manual requires prosecutors to consider two central questions:
- Is there a reasonable prospect of conviction?
- If so, is continuing the prosecution in the public interest?
The first question requires consideration of matters such as the availability and admissibility of evidence, objective credibility issues, and evidence supporting a possible defence. The public-interest assessment follows only if the evidentiary threshold is met.
Charge screening is also an ongoing process. New disclosure, evidence, or legal developments may cause the Crown to reassess a prosecution later in the case.
Can the Accused Ask for Criminal Charges to Be Dropped?
An accused person can seek legal advice and raise relevant information through their lawyer, but they cannot require the Crown to withdraw the charges.
A criminal defence lawyer in Mississauga may review the disclosure and identify issues such as:
- missing or contradictory evidence;
- witness reliability concerns;
- admissibility problems;
- evidence supporting a defence;
- possible Charter issues; or
- other information relevant to Crown screening.
Counsel may then discuss those issues with the prosecutor and make appropriate representations about withdrawal or another resolution.
The Crown remains responsible for deciding whether the prosecution meets the applicable legal standard.
What Can a Criminal Defence Lawyer Do at This Stage?
A criminal defence lawyer can obtain and review disclosure, assess the Crown’s evidence, identify legal issues, and communicate with the prosecutor about possible resolutions.
A lawyer may also participate in a Crown pre-trial or judicial pre-trial and explain why withdrawal or another resolution should be considered where there is a proper legal or evidentiary basis.
For related information, see how a lawyer can help avoid a criminal conviction.
Why Might the Crown Withdraw or Resolve Criminal Charges Before Trial?
The Crown may reconsider criminal charges as more information becomes available. Ontario prosecutors must continue assessing whether there is a reasonable prospect of conviction and whether prosecution remains in the public interest.
If there is no longer a reasonable prospect of conviction, Ontario’s Crown Prosecution Manual directs the prosecutor to discontinue the prosecution.
Several issues may affect that assessment.
1. The Evidence May Not Support a Reasonable Prospect of Conviction
A criminal charge may have been laid based on the information available during the initial investigation. Later review can reveal weaknesses that affect whether the charge can be proven.
Examples may include:
- important evidence that is unavailable;
- inconsistent witness accounts;
- identification problems;
- objective credibility or reliability concerns;
- evidence that may be inadmissible; or
- evidence supporting a potential defence.
The Crown considers the availability and admissibility of evidence, objective credibility issues, and known evidence supporting possible defences when applying the reasonable-prospect-of-conviction test.
A weakness does not automatically mean charges will be withdrawn. The evidence must be considered as a whole.
2. Disclosure May Reveal Problems With the Prosecution
Disclosure is the information and evidence provided to the accused by the prosecution. It may include police notes, witness statements, photographs, video, electronic records, or other material relevant to the case.
A defence lawyer can review disclosure for:
- contradictions between accounts;
- missing evidence;
- problems establishing an essential element of the offence;
- evidence supporting the accused’s version of events; and
- legal issues affecting whether evidence can be used.
Because Crown screening is ongoing, significant new information can cause the prosecutor to reassess whether the case should continue.
3. Charter or Admissibility Issues May Affect Important Evidence
The Canadian Charter of Rights and Freedoms protects rights that can arise during police investigations and criminal proceedings.
Depending on the case, defence counsel may identify issues involving:
- a search or seizure;
- detention or arrest;
- statements given to police; or
- another investigative procedure.
A Charter concern does not automatically result in withdrawal. Even where a breach is established, the legal consequences depend on the circumstances and the remedy sought.
However, if important prosecution evidence may be excluded or otherwise ruled inadmissible, that issue can affect the Crown’s assessment of the case.
4. Continuing the Case May Not Be in the Public Interest
Even where there is a reasonable prospect of conviction, the Crown must separately decide whether prosecution is in the public interest.
Ontario’s prosecution policy identifies factors such as the seriousness of the incident, the circumstances and views of the victim, the effect on the community, the accused’s circumstances, and the availability of alternatives to prosecution. No single factor automatically determines the result.
5. Another Resolution May Be Appropriate
Some cases may be suitable for an alternative to proceeding to trial.
Possible resolutions can include:
- diversion or other alternative measures;
- a peace bond in appropriate circumstances;
- withdrawal of some charges as part of a lawful resolution; or
- another resolution agreed upon after Crown and defence discussions.
The Criminal Code now contains alternative-measures provisions in Part XXII.2. These measures are subject to specific statutory conditions and are not available automatically in every criminal case.
A section 810 peace bond may also form part of a resolution in appropriate circumstances.
How Can a Criminal Defence Lawyer Help, and What Should You Do Next?
How Can a Criminal Defence Lawyer Help Before Trial?
A lawyer may:
- obtain and review Crown disclosure;
- compare witness accounts with other evidence;
- identify evidentiary weaknesses;
- examine whether important evidence is admissible;
- identify potential Charter issues;
- obtain relevant information or documents from the accused;
- communicate with the Crown prosecutor;
- conduct resolution discussions;
- participate in Crown and judicial pre-trials;
- advise about diversion, a peace bond, or another proposed resolution; and
- prepare for trial if an appropriate pre-trial resolution is unavailable.
What Should You Do While Criminal Charges Are Still Pending?
Until the case has actually been resolved, an accused person should continue treating the charges as active.
Practical steps include:
- Follow every release order, undertaking, and court-imposed condition.
- Attend required court appearances unless your lawyer confirms that your attendance is not required.
- Follow all no-contact or communication restrictions.
- Do not ask or pressure a complainant or witness to change their evidence or withdraw allegations.
- Preserve relevant messages, photographs, videos, receipts, records, and other potential evidence.
- Give potentially useful evidence to your lawyer.
- Avoid discussing the allegations publicly or posting about the case on social media.
- Speak with your lawyer before contacting someone where a release condition may restrict communication.
If release terms create immediate concerns, a bail hearing lawyer in Mississauga can explain the applicable conditions and available legal options.
The legal status of the case must actually be dealt with through the criminal court process.
For additional guidance, see mistakes to avoid after an arrest in Mississauga.
Learn more about Inder Padda and his criminal defence practice in Mississauga.