Can criminal charges be dropped before the first virtual Zoom court appearance date in Ontario?

Whether you are charged with theft under $5000, assault, impaired driving, mischief, etc. normally several remote court appearances will be required before the charges against you can be dropped.

In over 99% of cases criminal charges are not dropped prior to the first Zoom court appearance date.

There are simply too many things that have to happen before charges can be withdrawn. In many cases, the disclosure (evidence against you) is not prepared or ready before the first appearance date. The Crown may not have even received a file from the police at this point. Even if the disclosure is ready, it still often will take several months to review and conduct a Crown pre-trial (CPT). After the Crown pre-trial, a judicial pre-trial (JPT) may also be required which also takes time to schedule and complete.

Though the vast majority of cases in Ontario ultimately resolve without going to trial, it usually takes many Zoom court appearance dates before this happens. While most accused want to get their case over with as soon as possible, it is important to remember that the result of the case is permanent and will impact the person's freedoms, employability, immigration, and travel for the rest of their life. It is thus extremely important that their lawyer take the time to get the best possible outcome.

While a lot of criminal charges can be dropped (withdrawn) if handled correctly, usually it takes several remote Zoom court appearance dates for your lawyer.

Charges are rarely dropped for a lack of evidence (no reasonable prospect of conviction). Usually some sort of upfront work (donations to charity, community services, counselling, etc.) is required as part of the deal. Sometimes a peace bond is also required to get the charges dropped, which may also take time to be sworn. All of these things take time. As such new Zoom court appearance dates are needed until the matter is finally able to resolve.

Just because there are multiple court dates (remote or in person) does not mean that you personally will have to attend court. In most cases, your lawyer will appear on your behalf to deal with the charges. If you have been criminally charged and given a Zoom virtual court appearance date by the police you should retain a lawyer as soon as possible to start working on your case. Delays can sometimes work to the accused’s disadvantage.

Since the result of the case is permanent and the outcome can impact your life in many ways (criminal record, IRCC/immigration, U.S. travel, etc.) it is always in your best interest to hire a criminal lawyer immediately (upon receiving a Form 10 Undertaking or Form 9 Appearance Notice).

While ideally all (100%) of your virtual Zoom remote court appearance dates will be handled by your lawyer, you must personally attend for fingerprints/mugshot photographs if you have not already done so. If the charges are eventually dropped or discharged you may be able to have your fingerprints destroyed later depending on the type of charge (theft, assault, mischief, etc.) and the ultimate outcome of your case.

The goal of your lawyer should be to obtain a non-conviction if possible which should lead to a successful fingerprint destruction application in most cases. While getting the charges dropped is possible in some cases, every case is different and therefore you should speak to a lawyer immediately with regards to what potential outcome is reasonable to expect given your particular circumstances.

If you have been given a virtual Zoom court appearance date by the police and call us for a free assessment we will tell you what outcome we think is possible for your case and quote you a no-obligation fee for representation over the phone.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on criminal law protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2023 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2023. Past results are not necessarily an indication of future results.

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