Get Criminal Charges Withdrawn in Ontario?
A criminal defence lawyer may help seek withdrawal of charges, but the lawyer does not have the legal authority to simply remove a charge.
In most prosecutions, the Crown prosecutor decides whether a criminal charge should continue. Ontario’s Crown Prosecution Manual requires prosecutors to assess whether there is a reasonable prospect of conviction and, if that threshold is met, whether continuing the prosecution is in the public interest. This screening standard applies throughout the proceeding.
A defence lawyer’s role is different. Defence counsel represents the accused and may examine whether there are legal or factual reasons why the prosecution should be reconsidered.
Depending on the case, a criminal defence lawyer may:
- Obtain and review Crown disclosure
- Examine police reports and witness statements
- Identify inconsistencies or gaps in the evidence
- Assess the reliability and admissibility of evidence
- Consider available legal defences
- Identify potential Charter issues
- Communicate concerns to the Crown
- Make legal or factual submissions supporting withdrawal
- Discuss possible resolutions with the prosecutor
- Prepare the case for trial if the charges continue
These steps can influence how a case develops, but they do not give defence counsel control over the Crown’s decision.
Who Actually Decides Whether Criminal Charges Are Withdrawn?
The Crown prosecutor normally decides whether the prosecution will continue or whether a charge should be withdrawn. Defence counsel can advocate for withdrawal and provide reasons supporting that position, but cannot require the Crown to accept the request.
The Crown’s assessment may also change as the case progresses.
For example, evidence that initially appeared strong may look different after disclosure is completed. A witness account may conflict with other evidence. Video may undermine an allegation. A legal problem may affect whether important evidence can be used.
If the Crown concludes there is no longer a reasonable prospect of conviction, Ontario prosecution policy states that the prosecution must be discontinued. If a reasonable prospect remains, the prosecutor must also consider whether proceeding remains in the public interest.
This is why an accused person should be cautious about claims that a lawyer can simply “get charges dropped.” A defence lawyer can challenge the prosecution, negotiate, and advocate for a particular resolution, but the final result depends on the case.
Why Might the Crown Withdraw Criminal Charges?
Criminal charges may be withdrawn for different reasons. There is no single weakness or defence argument that automatically results in withdrawal.
The Crown must continue assessing the strength of the prosecution as the case develops. New evidence, problems identified through disclosure, legal issues, or changes affecting the Crown’s assessment can all become relevant.
What If the Evidence Is Weak or Unreliable?
Evidence is central to whether a prosecution can continue.
A defence lawyer may identify issues such as:
- Important inconsistencies between witness statements
- Problems identifying the accused
- Missing evidence
- Gaps in the prosecution’s timeline
- Credibility concerns
- Reliability problems
- Evidence that conflicts with photographs, video, messages, or other records
- Insufficient evidence concerning an essential element of the alleged offence
One weakness does not necessarily end a criminal case. The issue is how that weakness affects the prosecution as a whole.
For example, a minor difference in two statements may have little importance. A major contradiction concerning who committed the alleged offence could be far more significant.
Defence counsel can bring material evidentiary concerns to the Crown’s attention and explain why they affect the case. The Crown then decides whether its prosecution standard remains satisfied. Ontario’s charge-screening policy requires the prosecutor to consider the admissible evidence, the availability and competence of witnesses, credibility, and other factors when assessing the prospect of conviction.
Can Disclosure Problems Lead to Charges Being Withdrawn?
Disclosure is the information the prosecution must provide to the accused in accordance with its legal disclosure obligations. Ontario’s Crown Prosecution Manual recognizes the Crown’s continuing obligation to provide relevant disclosure to the defence.
Depending on the case, disclosure may include materials such as:
- Police reports and officer notes
- Witness statements
- Video or audio recordings
- Photographs
- Digital communications
- Documentary records
- Forensic information
- Other evidence relevant to the prosecution
A criminal defence lawyer reviews these materials to understand what supports the allegations and where problems may exist.
For example, disclosure might reveal that a witness’s statement is inconsistent with video evidence. Police notes may raise questions about how evidence was obtained. Digital records may contradict an important part of the prosecution’s timeline.
A disclosure problem does not automatically mean criminal charges will be withdrawn. Sometimes additional disclosure can be provided. In other cases, the issue may require further court proceedings or another legal remedy.
However, the evidence revealed through disclosure can materially change the assessment of a case. If serious weaknesses affect the Crown’s ability to prove the charge, defence counsel may raise those concerns during resolution discussions.
Can Charter Violations Affect Whether Charges Continue?
The Canadian Charter of Rights and Freedoms protects several rights that can become important in criminal proceedings.
Depending on what occurred during the investigation or arrest, defence counsel may examine issues involving:
- Section 8 — protection against unreasonable search or seizure
- Section 9 — protection against arbitrary detention or imprisonment
- Section 10(b) — the right to retain and instruct counsel without delay and to be informed of that right
- Section 11(b) — the right of a person charged with an offence to be tried within a reasonable time
These rights are expressly protected by the Charter.
A Charter concern does not automatically result in withdrawal.
For example, where evidence was obtained through a Charter infringement, section 24(2) allows a court to exclude that evidence when the applicable legal test is met. The Charter requires consideration of all the circumstances; exclusion is not automatic simply because a breach occurred.
The practical effect can nevertheless be significant.
If important evidence may be excluded, defence counsel may assess how the prosecution would look without that evidence. Depending on the circumstances, the issue may also be raised with the Crown during pre-trial discussions.
A Charter issue can therefore affect the prosecution, but the available remedy and its effect depend on the facts and the applicable legal test.
Can the Crown Withdraw Charges If Prosecution Is No Longer Justified?
Yes. The Crown must continue applying Ontario’s charge-screening standard as the prosecution proceeds.
The assessment involves two key questions:
- Is there a reasonable prospect of conviction?
- If there is, is continuing the prosecution in the public interest?
Ontario prosecution policy states that a charge may proceed only when both parts of the applicable screening standard are satisfied. It also makes clear that public-interest considerations cannot justify prosecuting a person where there is no reasonable prospect of conviction.
Consider a case where an identification is central to the allegation. After reviewing disclosure, defence counsel discovers objective evidence that substantially undermines that identification. Counsel may raise the issue with the Crown and explain why the remaining evidence is insufficient.
That does not mean the charge will automatically be withdrawn. The Crown must assess the evidence and circumstances independently.
Where appropriate, a Mississauga criminal defence lawyer can identify these types of issues, communicate them to the prosecutor, and advocate for withdrawal or another suitable resolution. If the Crown decides to continue the prosecution, defence counsel can continue preparing the case and protecting the accused’s legal rights.
How Does the Criminal Charge Withdrawal Process Work in Ontario?
There is no single application that automatically gets criminal charges withdrawn. The process usually involves reviewing the Crown’s case, identifying legal or evidentiary issues, and discussing those issues with the prosecutor.
The steps will vary depending on the charge and circumstances.
1. Defence Counsel Obtains and Reviews Disclosure
One of the first important steps is obtaining Crown disclosure.
Disclosure allows the defence to understand the evidence supporting the allegations. Depending on the case, this may include police notes, witness statements, photographs, video recordings, digital communications, forensic material, and other relevant information.
Meaningful resolution discussions often become easier after defence counsel has reviewed this evidence. Additional disclosure may also need to be requested if relevant material is missing.
2. The Lawyer Assesses the Evidence and Possible Defences
A criminal defence lawyer can examine the evidence to determine what issues may affect the prosecution.
The review may involve:
- Whether the evidence proves every essential element of the offence
- Witness credibility and reliability
- Identification evidence
- Inconsistent statements
- Missing or contradictory evidence
- Admissibility concerns
- Possible legal defences
- Charter issues
- Procedural problems
The purpose is not simply to find minor mistakes. Defence counsel assesses whether identified issues materially affect the Crown’s ability to continue the prosecution.
3. Defence Counsel Communicates With the Crown
After reviewing the case, defence counsel may enter into resolution discussions with the Crown prosecutor.
Depending on the circumstances, counsel may:
- Point out significant weaknesses in the evidence
- Raise concerns about witness reliability
- Identify admissibility problems
- Present relevant legal arguments
- Raise potential Charter issues
- Provide appropriate defence information
- Ask the Crown to reconsider whether the prosecution should continue
- Discuss other possible resolutions
Ontario prosecutors must continue applying the charge-screening standard as cases develop. A charge may proceed only where there is a reasonable prospect of conviction and prosecution is in the public interest.
Defence counsel can make persuasive submissions, but the Crown remains responsible for the prosecution decision.
4. Alternative Resolutions May Be Explored
Withdrawal based on a weakness in the prosecution is not the only way a criminal matter may be resolved.
Depending on the offence and individual circumstances, options could include community justice programs, diversion, alternative measures, or a peace bond.
Formal alternative measures under section 717 of the Criminal Code are subject to specific requirements. The Code defines alternative measures as measures outside ordinary judicial proceedings for dealing with an adult alleged to have committed an offence and sets conditions governing their use.
It is important not to describe every diversion outcome as a “withdrawal.” Under the statutory alternative-measures scheme, for example, full compliance can lead a court to dismiss a charge in circumstances covered by section 717.
A peace bond is also legally distinct from withdrawal. Section 810 of the Criminal Code permits a court, where the statutory requirements are satisfied, to order a person to enter into a recognizance to keep the peace and be of good behaviour. Conditions may also be imposed.
In some criminal cases, entering a peace bond may form part of a negotiated resolution in which the Crown agrees to dispose of related charges. However, that is not available or appropriate in every case.
5. The Crown Decides How the Prosecution Will Proceed
After considering the evidence, applicable law, defence submissions, and available resolutions, the Crown determines its position.
Depending on the case, the prosecution may:
- Withdraw a charge
- Continue with the charge
- Agree to another appropriate resolution
- Enter a stay of proceedings
- Continue toward trial
If the charges are not withdrawn, defence counsel can continue preparing the case and challenging the prosecution through the appropriate court process.
Can Criminal Charges Be Withdrawn Before Trial?
Yes. Criminal charges can be withdrawn before trial if the Crown determines that withdrawal is appropriate.
There is no requirement that every criminal charge reach trial before the prosecution can end.
For example, significant evidentiary weaknesses may become apparent after disclosure is reviewed. Further investigation may also affect the case, or resolution discussions may produce another outcome.
The timing depends on what information is available and when the Crown is able to assess it.
Can Charges Be Withdrawn at the First Court Appearance?
It is possible for charges to be withdrawn at an early court appearance, but an accused person should not assume this will happen.
Disclosure may still need to be provided and reviewed. The Crown may require further information, and defence counsel may need time to assess the case before meaningful discussions can occur.
For criminal matters proceeding through Peel Region, the Ontario Court of Justice currently lists adult criminal case-management proceedings at the Brampton courthouse at 7755 Hurontario Street.
An accused person should rely on their own court documents and legal advice for the correct location, date, and appearance requirements.
How Long Does It Take to Get Criminal Charges Withdrawn?
There is no standard timeline for obtaining withdrawal of criminal charges in Ontario.
Timing may depend on:
- The seriousness and complexity of the allegations
- How quickly disclosure becomes available
- Whether additional disclosure is required
- Further police investigation
- The number of witnesses
- Crown review
- Defence submissions
- Evidentiary or Charter issues
- Availability of an alternative resolution
- Court scheduling
- Whether multiple charges or accused persons are involved
Some matters can be resolved relatively early. Others require several court appearances and substantial legal review.
What Happens If Criminal Charges Are Withdrawn?
When the Crown withdraws a criminal charge, it ends the prosecution of that particular charge.
A withdrawal should not be confused with an acquittal, dismissal, stay of proceedings, diversion, or peace bond. These terms describe legally different outcomes.
Is Withdrawal the Same as an Acquittal?
No.
A withdrawal occurs when the Crown ends its prosecution of the charge.
An acquittal is a judicial outcome in which the accused is found not guilty after the charge has been adjudicated.
Although neither outcome results in a conviction on that charge, the legal processes are different.
Is a Stay of Proceedings the Same as Withdrawn Charges?
No. A stay of proceedings is legally distinct from a withdrawal.
Section 579 of the Criminal Code permits the Attorney General, or counsel instructed for that purpose, to direct a stay after proceedings have begun and before judgment. The section also permits proceedings to be recommenced within the applicable statutory period. If they are not recommenced within that period, the Code specifies the resulting legal consequence.
A stay should therefore not simply be described as another name for a withdrawn charge.
Is a Dismissal the Same as Withdrawal?
Not necessarily.
A dismissal is a court-based disposition. For example, the Criminal Code provides circumstances in summary conviction proceedings where a court may dismiss an information.
A Crown withdrawal, by contrast, involves the prosecution ending the charge without that same adjudicative process.
Does a Withdrawn Charge Create a Criminal Conviction?
No. A withdrawn charge does not result in a criminal conviction for that withdrawn charge.
However, this does not mean every police, court, or administrative record connected with the allegation is automatically erased.
Questions about police records, record retention, vulnerable-sector checks, or other background information can involve separate rules. An accused person concerned about those issues should obtain advice based on their particular circumstances.
What Happens to Bail or Release Conditions?
The answer depends on which proceedings and conditions remain in force.
If all proceedings connected to a particular release order have ended, that may affect the associated conditions. However, an accused person may still be subject to conditions connected with another outstanding charge or proceeding.
For example, section 579 expressly provides that an undertaking or release order relating to proceedings stayed under that section is vacated when the stay is entered.
The accused should confirm their legal obligations rather than assuming conditions have ended. Understanding why bail conditions matter after criminal charges can also help an accused avoid additional legal problems while proceedings remain active.
Withdrawal, Stay, Acquittal and Other Outcomes Compared
| Outcome | Basic Meaning |
|---|---|
| Charge Withdrawn | The Crown ends prosecution of that charge. |
| Stay of Proceedings | The prosecution is halted through a legally distinct procedure and may potentially be recommenced within the applicable statutory period. |
| Dismissal | A court dismisses a charge or proceeding in circumstances permitted by law. |
| Acquittal | The court finds the accused not guilty following adjudication. |
| Diversion / Alternative Resolution | The matter may be addressed outside a conventional trial where an appropriate program or resolution is available. |
| Peace Bond | A separate recognizance to keep the peace that may form part of resolving some cases, depending on the circumstances. |
How Can a Mississauga Criminal Defence Lawyer Help?
A Mississauga criminal defence lawyer can assess whether there are realistic legal or evidentiary grounds for asking the Crown to reconsider a prosecution.
Depending on the case, defence counsel may:
- Obtain and review disclosure
- Assess the strength of the Crown’s evidence
- Identify evidentiary gaps or inconsistencies
- Review witness credibility and reliability
- Examine identification evidence
- Evaluate possible Charter violations
- Identify available legal defences
- Request additional disclosure where appropriate
- Communicate with the Crown prosecutor
- Make submissions supporting withdrawal
- Explore diversion, a peace bond, or another appropriate resolution
- Explain court appearances and release conditions
- Prepare for trial if the charges continue
The key distinction is that defence counsel advocates for withdrawal; the Crown controls the prosecution decision.