Can Criminal Charges Be Dropped in Ontario?
Can the charges simply be dropped?
People often ask whether criminal charges can be dropped because the complainant wants them dropped, because it is a first offence, or because the matter seems minor. The short answer is that sometimes charges can be withdrawn, but not simply because the accused or the complainant wants that result.
Once charges are laid, the Crown Attorney decides whether the case should continue. The Crown may withdraw a charge if the evidence is weak, if there is no reasonable prospect of conviction, if key witnesses are unreliable, or if there is another resolution that makes sense in the circumstances. In some cases, a peace bond or diversion program may be considered instead.
Whether charges can be dropped depends on the facts, the evidence, the position of the complainant, and the strategy used to address the case. If you have been charged with assault charges in Mississauga, domestic assault charges, DUI or impaired driving charges, or theft and fraud charges, I can review the case and give you a realistic opinion.
When the Crown Attorney May Withdraw a Charge
The Crown must assess whether there is a reasonable prospect of conviction and whether continuing the prosecution is in the public interest. Reasons for withdrawing a charge may include:
- No reasonable prospect of conviction: After reviewing the available evidence, the Crown concludes that the case does not meet the standard required to continue the prosecution.
- Unreliable or incomplete evidence: Important evidence is missing, inconsistent or unreliable, leaving the Crown unable to prove an essential part of the allegation.
- Problems with witness evidence: Significant contradictions or other weaknesses in a key witness’s evidence undermine the Crown’s ability to prove the charge.
- An appropriate alternative resolution: In a suitable case, the Crown may agree to withdraw a charge following completion of diversion or as part of a resolution involving a peace bond.
Missing evidence or a witness’s reluctance to testify does not automatically mean a charge will be withdrawn. I review the disclosure and the circumstances before advising whether there is a basis to request that result.
What I Review Before Requesting a Charge Withdrawal
I examine police notes, witness statements, 911 audio, disclosure documents, and constitutional rights issues. For assault charges, domestic assault, theft & fraud, and impaired driving allegations, early evidentiary analysis is essential to seeking a full withdrawal.
Frequently Asked Questions
The following frequently asked questions address common concerns people have about whether criminal charges can be dropped in Ontario. These answers provide general information only and the outcome in any case depends on the facts and the evidence.
Can a complainant drop the charges?
No. Once charges are laid, the complainant does not control whether the case continues. The Crown Attorney makes that decision.
That said, the complainant's position can still matter, and in some cases it may affect how the matter is resolved.
Can charges be dropped on a first offence?
Not automatically. A first offence may help in negotiations, and in some cases diversion or a peace bond may be possible, but there is no rule that first-time charges must be withdrawn.
The real question is whether the evidence, the surrounding circumstances, and the defence strategy support that kind of result.
What is the difference between charges being dropped and a peace bond?
If charges are simply withdrawn, the Crown has decided not to proceed and there is no finding of guilt. A peace bond is different. It is a court order with conditions, usually entered into as part of a resolution, and the criminal charge is then withdrawn.
In some situations a peace bond is a very good result. In others, it may not be necessary or appropriate.
Can charges be dropped before the first court date?
Sometimes, but that depends on the case. If there is a clear problem with the evidence or the Crown comes to the view very quickly that there is no reasonable prospect of conviction, a withdrawal can happen early. In many cases, however, it takes time to obtain disclosure, review the evidence, and make the proper submissions.
Do charges get dropped if the complainant does not want to testify?
Not necessarily. Sometimes the Crown will still proceed. In other cases, the complainant's position may weaken the case significantly. It depends on what other evidence exists, how important the witness is, and whether the Crown believes the case can still be proven.
Can assault charges be dropped?
Yes, assault charges can be withdrawn in some cases, but not simply because the parties want that result. In assault cases the Crown will look closely at the statements, the injuries, the surrounding circumstances, and any inconsistencies in the evidence.
If the matter is domestic, you may also wish to review Domestic Assault Charges.
Can theft or fraud charges be dropped?
Sometimes. In shoplifting and other lower-level theft cases, diversion or another alternative resolution may be possible. In fraud cases, the Crown will usually look very closely at the records and the strength of the proof before deciding whether a withdrawal is appropriate.
You may also wish to review Theft & Fraud Offences.
What should I bring if I want an opinion on whether charges can be dropped?
Bring your charge papers, release documents, disclosure if you have it, and a clear summary of what happened. The more accurate information I have, the more useful the opinion will be.
It is important to get a realistic view of the case rather than relying on guesswork or what someone else says should happen.
Can charges be dropped if the evidence is weak?
Yes. If the evidence is weak, inconsistent, or unreliable, the Crown may conclude that there is no reasonable prospect of conviction and withdraw the charge. In other cases, it may still take time and careful work to bring those weaknesses to light.
