Ways Charges May Be Dropped in a Criminal Case
If you have been charged with a criminal offence in Ottawa, or elsewhere in Canada, you should know that there are two ways that your charges may be dropped.
1. Crown Withdrawal:
Before an accused enters a plea in open court, the Crown has the right to completely withdraw any criminal charge. However, if the Crown attempts to relay the charge after withdrawal, the courts may intervene to prevent any abuse of this process. If you find yourself in this situation, it is crucial to discuss it with your lawyer, as the Crown’s decision to prosecute after a charge has been withdrawn may require a legal application to be brought before the court.
2. Stay of Proceedings:
As of right, at any time before a final judgment is rendered in a case, the Crown may choose to stay the proceedings, effectively stopping the prosecution immediately. When a stay of proceedings is entered, the accused can be released from custody, and the court has no power to require the continuation of the prosecution. However, it’s important to note that the Crown retains the power to recommence the prosecution after a stay of proceedings has been entered. Therefore, obtaining a withdrawal of charges is generally preferable.
Seeking Legal Protection in a Criminal Case
If you have been charged with a criminal offence, make sure you have a criminal defence lawyer with the knowledge and experience to protect you. Contact a criminal defence lawyer at Auger Hollingsworth at (613) 699-8192 or at firstname.lastname@example.org