Where a person is arrested and charged with an offence under the Criminal Code of Canada, a trial and subsequent conviction or acquittal is the outcome expected by most people. However, a withdrawal of charges or a stay of proceedings are two important ways to put an end to prosecution before trial is even considered.
WITHDRAWAL OF CHARGES
The crown attorney can withdraw charges anytime before a plea is entered by an accused. A withdrawal can also take place after a plea, but in this case, consent from a judge is required. It is also important to understand that even if a complainant wants the charges withdrawn, it is ultimately the crown who decides whether they will pursue prosecution or withdraw the charges. The complainant’s opinion is taken into consideration, but it is not decisive.
The crown’s decision to withdraw charges depends on the facts of the case as well as the policies in place. The crown will be more amenable to a withdrawal in cases where, for example, it is the first offence, the allegations are with respect to a “minor” criminal offence and the completion of a counselling program (e.g. anger management, domestic assault program, etc.). The crown may also withdraw charges where there is not enough evidence to pursue the case.
STAY OF PROCEEDINGS
A stay of proceedings can be initiated by different actors in the criminal justice system. In fact, a stay can be initiated by both the crown or a judge, however, this post focuses on the stay of proceedings by the crown. A stay initiated by the crown can happen at any time after you are charged and before judgement is rendered in your case.
At a practical level, a stay of proceedings means that the charges are discontinued, the crown will not pursue prosecution and the accused is able to resume a normal life. Nonetheless, a stay of proceedings is different from a withdrawal (see above) in that the charges can be resurrected and brought back to court. The crown can reopen the case within one year of the stay of proceedings. In rare cases, the charges may be resurrected after the one-year deadline.
THE IMPACT ON YOUR CRIMINAL RECORD
Although a withdrawal of charges or stay of proceedings is not a conviction, these proceedings still leave a mark on your record. Some background checks will reveal records of arrest and the legal proceedings that ensued, this even if you were never tried and convicted. The simple fact of getting arrested, fingerprinted and photographed means that you are now in the police database. If your charges are withdrawn or stayed, you can apply for the destruction of the police records to avoid the disclosure of such information during a background check.
Before pleading guilty or even entering a peace bond, consider discussing with Camara Law Firm to assess your case and negotiate a possible withdrawal or stay of your charges.
