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Can criminal charges be dropped or withdrawn?

In short

Whether a charge is withdrawn, stayed, or goes to trial is the Crown prosecutor's decision, not the accused person's. Charges can end in several ways, and which one depends on the evidence and the specific facts.

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Written by Ali Sheikh, founder of Remandly (not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Transcript

Whether a charge is withdrawn, stayed, or goes to trial is the Crown prosecutor's decision, not the accused person's. Charges can end in several ways, and which one depends on the evidence and the specific facts.

Whether a charge is withdrawn, stayed, or proceeds to trial is a decision made by the Crown prosecutor, not by the accused person or by this office. Charges can end in different ways: the Crown may withdraw a charge, a charge may be withdrawn when the person enters into a peace bond, a charge may be stayed, or the matter can go to a plea or trial.

These outcomes depend on the evidence, the specific facts, and discussions between the defence lawyer and the Crown — something only a lawyer reviewing the file can speak to.

Generally, early appearances in the Ontario Court of Justice are mostly for the defence to receive and review the Crown’s disclosure, get advice, and set next dates, rather than for deciding the outcome that day.

Nothing about whether a particular charge will be dropped, reduced, or resolved a certain way can be predicted here, since that depends entirely on individual circumstances and legal judgment. That's the kind of thing only the lawyer can answer for your situation — the office goes through it with you on the call.

Sources: Criminal Code of Canada · Law Society of Ontario · Legal Aid Ontario

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