To get criminal charges dropped or stayed in British Columbia, your defence lawyer must convince Crown Counsel that there is no substantial likelihood of conviction, or that prosecuting the offence is not in the public interest. This is usually achieved through Crown resolution discussions before the trial date.
Facing a criminal charge in British Columbia can be an incredibly stressful experience that impacts your career, family, and peace of mind. 💼 Fortunately, being charged does not automatically mean you will be convicted. In BC, the police do not lay charges directly; instead, they recommend charges to the BC Prosecution Service. Crown Counsel then makes the final decision on whether to proceed.
Understanding how Crown Counsel evaluates cases is the first step toward building a strong defence. A skilled criminal defence lawyer can actively negotiate on your behalf to have the charges either dropped entirely (withdrawn) or stayed (paused indefinitely). In this guide, we will walk you through the process of how charges are assessed and challenged in BC.
Step-by-Step Process in British Columbia
Whether you are dealing with a matter in Vancouver, Surrey, or Victoria, the BC Prosecution Service follows a strict charge assessment policy. Generally, Crown Counsel must apply a two-part test to every case. Here is how the process of challenging those charges typically unfolds.
Step 1: Charge Assessment by Crown Counsel
Before proceeding with an indictable offence or a summary conviction, Crown Counsel reviews the police report to ensure the case meets their strict guidelines. 🔍 They look for a “substantial likelihood of conviction” and evaluate whether a prosecution is in the public interest. If the evidence is weak from the very beginning, the Crown may decide not to approve the charges at all.
Step 2: Reviewing the Disclosure Package
If charges are approved, you have the right to see all the evidence the Crown holds against you. This evidence is called “disclosure.” Your law firm will carefully review the police notes, witness statements, and video footage. They will look for Charter of Rights violations, missing information, or inconsistencies in the police investigation.
Step 3: Crown Resolution Discussions
This is where your lawyer advocates on your behalf. They will schedule a meeting with the assigned Crown Counsel to discuss the flaws in the case. 🗣 By highlighting that the legal test for conviction cannot be met, your lawyer may persuade the Crown to stay the proceedings or withdraw the charges. A stay of proceedings means the Crown pauses the prosecution, and while they technically have a year to restart it, they rarely do.
Step 4: Exploring Alternative Measures
If the Crown believes they have a strong case but the offence is minor, you might be eligible for “Alternative Measures” or “Diversion.” This program requires you to accept responsibility and complete conditions, such as community service or counselling. Once completed successfully, the Crown will stay the charges, keeping your criminal record clean.
How Much Does it Cost in British Columbia?
When seeking to get charges dropped, the primary cost involves hiring a criminal defence lawyer. There are no government fees or court fees associated with having charges withdrawn or stayed. As of April 2026, here is what you might expect to pay in legal fees:
- Summary Conviction Offences: Lawyer fees typically range from $2,000 to $5,000 CAD to negotiate a resolution before trial.
- Indictable Offences: For more serious charges, the cost can range from $5,000 to $15,000+ CAD, depending on the complexity of the case and the volume of disclosure.
- Consultations: Many law firms in Vancouver and across BC offer a free initial consultation to discuss your options.
How Long Does the Process Take?
The timeline to get charges dropped or stayed varies widely depending on the court location and the backlog of cases. ⏱ In heavily populated areas like Surrey or Vancouver, it can take several months just to receive your complete disclosure package. Generally, successful Crown resolution discussions can resolve a matter within 3 to 8 months after your first appearance. If you are entering an Alternative Measures program, you may be given a few months to complete your required conditions before the stay is officially entered on the record.
Frequently Asked Questions (FAQ)
What is the difference between dropped and stayed charges?
When charges are “withdrawn” (dropped), the prosecution is completely over. A “stay of proceedings” means the case is paused. For summary convictions, a stay usually means the case is effectively dead. For indictable offences, the Crown has up to one year to restart the prosecution, though this is incredibly rare unless new evidence emerges.
Can I contact Crown Counsel directly to drop my charges?
It is highly recommended that you do not contact Crown Counsel directly. Anything you say to them can potentially be used against you. A criminal defence lawyer should handle all communications with the Crown to protect your legal rights.
Will a stayed charge show up on a criminal record check?
A stayed charge will not result in a criminal conviction, but the record of the arrest and the charge itself may still appear on a Vulnerable Sector Check or a detailed police information check. You may need to apply to have your fingerprints and photographs destroyed by the local police department after a certain period.
Can the victim simply “drop the charges” in BC?
No. In Canada, the victim (often called the complainant) does not have the power to drop charges. Once the police recommend charges and the Crown approves them, only Crown Counsel has the authority to withdraw or stay the proceedings. However, a victim’s reluctance to testify may impact the Crown’s likelihood of conviction.
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