In London, criminal charges can often be dropped before trial if your defence lawyer successfully negotiates with the Crown Attorney. This is typically achieved through diversion programs like the Direct Accountability Program, signing a Peace Bond, or exposing fatal flaws in the police evidence. Hiring a lawyer for pre-trial resolution generally costs between $2,500 and $7,500 CAD.
Being charged with a criminal offence in London can feel like your entire future has been derailed. Whether you are facing a summary conviction for minor theft or a serious indictable offence, the prospect of a public trial and a permanent criminal record is terrifying. However, an arrest does not automatically equal a conviction. In the Canadian justice system, a significant percentage of cases are resolved long before anyone steps inside a courtroom for a trial.
The key to avoiding a trial is early, strategic negotiation. 💬 The Crown Attorney (the prosecutor for the government) has the absolute discretion to withdraw charges if they believe it is in the public interest, or if there is no reasonable prospect of conviction. To achieve this, you need a skilled advocate. It is highly recommended to browse our directory to hire a local defence lawyer who understands the local London courts and knows how to negotiate effectively.
Step-by-Step Process in London, Ontario
Getting charges dropped is rarely a matter of luck; it requires a methodical legal strategy. All adult criminal matters in the city are handled at the Ontario Court of Justice, located at 80 Dundas Street. Here is how your lawyer will build the case for a withdrawal.
Step 1: Requesting and Reviewing Disclosure
The first critical step is obtaining the “disclosure.” 🔍 This is the complete package of evidence the London Police Service has against you, including police notes, witness statements, and video surveillance. Your lawyer will comb through this material looking for weaknesses. Did the police breach your Charter rights during a search? Are the witnesses unreliable? If the evidence is exceptionally weak, your lawyer can argue that the Crown simply cannot win at trial.
Step 2: Attending Crown Pre-Trial (CPT) Meetings
Once the disclosure is reviewed, your lawyer will schedule a Crown Pre-Trial (CPT). This is a private, closed-door meeting between your defence lawyer and the Crown Attorney. During this meeting, your lawyer will point out the flaws in the police evidence and present mitigating factors about your life—such as your employment, mental health status, or lack of a prior criminal record. This is where the heavy negotiation happens.
Step 3: Completing a Diversion Program
If the offence is minor (such as shoplifting, mischief, or causing a disturbance) and it is your first offence, the Crown may offer “diversion.” 📝 In London, this is often handled through the Direct Accountability Program (DAP). You might be asked to write an apology letter, pay restitution, or complete community service. Once you successfully finish the assigned tasks, the Crown will officially withdraw the charge, leaving you with no criminal record.
Step 4: Signing a Peace Bond (Section 810)
For domestic assault allegations or minor altercations between neighbours, a Peace Bond is a common resolution. A Peace Bond is a court order requiring you to “keep the peace and be of good behaviour” for up to 12 months, and often includes conditions like staying away from the complainant. Crucially, signing a Peace Bond is not an admission of guilt. Once signed, the original criminal charge is withdrawn by the Crown.
How Much Does it Cost in London?
Investing in a strong legal defence upfront can save you from the lifelong consequences of a criminal record. 💵 Here are the typical legal fees for pre-trial resolution in 2026.
| Legal Service | Estimated Cost (CAD) | Description |
|---|---|---|
| Summary Conviction Defence | $2,500 – $4,500 | Block fee for less serious offences like minor theft or simple assault (pre-trial only). |
| Indictable Offence Defence | $4,000 – $7,500+ | Block fee for serious charges requiring extensive Crown negotiations. |
| Diversion Program Fees | $0 – $150 | Some community programs or counselling courses require a small administrative fee. |
| Restitution | Varies | If you damaged property, you may need to pay the victim back for the Crown to drop the charge. |
How Long Does the Process Take?
Patience is mandatory when navigating the criminal justice system. 🕐 You will not get your charges dropped on your very first court appearance. It typically takes 4 to 8 weeks just to receive the complete disclosure from the London Police. Scheduling a Crown Pre-Trial takes a few more weeks. If you are entered into a diversion program, you are usually given 1 to 3 months to complete the tasks. Overall, expect the process to take anywhere from 3 to 9 months before the charges are officially withdrawn by the judge.
Frequently Asked Questions (FAQ)
If the victim wants to drop the charges, is the case over?
No. This is a very common myth. In Canada, the victim does not press or drop charges; the Crown Attorney does. Even if the victim signs an affidavit saying they want the case closed, the Crown can still proceed with the prosecution if they believe it is in the public interest (especially in domestic violence cases).
Does a withdrawn charge show up on a background check?
While a withdrawn charge means you have no criminal convictions, the record of the arrest and the withdrawn charge may still appear on a Vulnerable Sector Check. Your lawyer can apply to the London Police Service to have your fingerprints and photographs destroyed after the case is closed to clean up your record completely.
Do I have to plead guilty to enter the Direct Accountability Program?
No. To enter DAP, you must be willing to accept responsibility for your actions, but you do not enter a formal guilty plea before a judge. This protects your legal innocence while allowing you to complete the required community tasks.
What happens if the Crown refuses to drop the charges?
If the Crown Attorney absolutely refuses to withdraw the charge or offer a favorable plea deal, your only options are to plead guilty to the offence or set the matter down for a formal trial, where a judge or jury will decide your guilt.
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