How to get criminal charges withdrawn before trial in Edmonton?

Facing criminal charges in Edmonton can feel like the end of the world, but an arrest does not automatically mean you will be convicted. In many situations, it is entirely possible to have the charges against you completely dropped long before you ever have to step foot inside a courtroom for a trial.

The Canadian justice system is overburdened, and Crown Prosecutors in Alberta are constantly looking for ways to resolve less serious cases efficiently. Knowing how to strategically negotiate for a withdrawal is the hallmark of a strong criminal defence strategy.

Step-by-Step Process for Resolving Charges in Edmonton

Getting charges withdrawn is not a matter of luck. It requires a calculated, step-by-step approach utilizing the procedures at the Alberta Court of Justice in downtown Edmonton.

Step 1: Ordering and Reviewing Disclosure

Before any negotiations can begin, your criminal defence lawyer must request your “disclosure” package. 📝 This file contains all the evidence the Edmonton Police Service has gathered against you, including officer notes, witness statements, and video footage. Finding mistakes or Charter of Rights violations in this disclosure is the strongest leverage you have.

Step 2: Attending Early Case Resolution (ECR)

In Edmonton, the court system uses an Early Case Resolution (ECR) process. Your lawyer will schedule a private meeting with the Crown Prosecutor to discuss your file. Here, your legal counsel will point out weaknesses in the police investigation and suggest that proceeding to trial would not be in the public interest.

Step 3: Completing the Alternative Measures Program (AMP)

If the Crown believes they have a strong case but it is your first minor summary conviction offence, they might offer diversion. The Alternative Measures Program (AMP) allows you to complete community service, write an apology letter, or take a counselling course. Once completed, the Crown officially withdraws the charge.

Step 4: Entering into a Peace Bond

For domestic-related incidents or minor assaults, the Crown might agree to drop the criminal charge in exchange for you signing a Peace Bond (under Section 810 of the Criminal Code). This is not a criminal conviction; it is simply a civil promise to keep the peace and be of good behaviour for up to a year.

How Much Does it Cost in Edmonton?

Investing in a law firm to negotiate a withdrawal is generally much cheaper than paying for a full, multi-day trial.

• Lawyer Fees for Pre-Trial Resolution: Most Edmonton criminal lawyers charge a flat block fee for taking a file up to the trial stage. This typically ranges from $2,500 to $7,000 CAD, depending on the severity of the indictable offence.
• Court Fees: There are no court fees to have your charges withdrawn or to enter the Alternative Measures Program.
• Restitution: If your charge involved property damage or theft, you might be required to pay the victim back (restitution) as a condition of the withdrawal.

How Long Does the Process Take?

Negotiating a withdrawal requires patience. 📅 It usually takes a few weeks just to receive the police disclosure. From your first court appearance at the Alberta Court of Justice to the day your charges are finally withdrawn, the process typically takes between 3 to 8 months.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca