Toronto Criminal Defense Attorney – Getting Charges Withdrawn

Getting the best result in your case requires a search for the best representation for you. Retaining a Toronto Criminal Defense Attorney to help get your criminal charges withdrawn is an integral step following being charged.

The best result in a criminal case is to convince the Crown Attorney to withdraw your criminal charges.

What is a Withdrawn Charge

A Charge can only be withdrawn by the Crown Attorney and no other party. A withdrawn charge is effectively placing you in the same legal position you were in prior to being charged in the first place. The following all hold true with withdrawn charges:

• You do not sustain a criminal record
• You have not admitted guilt or been found guilty of a crime
• The presumption of innocence has not been displaced

Retain a Toronto Criminal Defense Attorney to assist with getting your charge withdrawn.

What Types of Charges Can Be Withdrawn

Criminal charges of any kind can be withdrawn by the Crown — from charges as minor as Theft to the most serious crime in the Criminal Code of Canada, namely Murder.

When Will the Crown Withdraw Criminal Charges

While there is no precise formula to determine when and how criminal charges will be withdrawn, experienced Toronto Criminal Defense Lawyers will find that the following factors likely exist in cases where charges are withdrawn:

• There are no serious injuries
• The Crown may have some level of difficulty in proving the case at trial
• The charges are laid against first time offenders
• The charges are non-violent
• If the charges involve violence, the violence is low level and does not lead to long lasting impacts
• The accused has earned a withdrawal by taking steps to show good character (counselling, volunteer work, etc)

Explore your case and the facts of it with a Toronto Criminal Defense Lawyer to see whether your case is optimal for a withdrawal.

What to Do After Charges Withdrawn

If you’ve had the benefit of getting you charges withdrawn with the assistance of a skilled Toronto Criminal Lawyer, then you may apply to have your local police file destroyed. You must wait at least 5 months from the date of the withdrawal before submitting an application.

To locate the application form itself, please visit Toronto Police Service’s website HERE. A Toronto Criminal Defense Lawyer can assist with your Fingerprint and Photograph Destruction application, although you may still choose to do so on your own. The initial application is not legally involved, and it’s more administrative. However, if your application is denied, retaining a lawyer for an appeal of that denial is a wise move.