4 Different Types of Criminal Case Dismissals

Many defendants wonder if there is a way to make their criminal charges go away and potentially have their case dismissed. There are several ways to have your criminal charges reduced or even dismissed. However, it does require having a skilled and experienced defence lawyer working on your behalf.

The following are some different types of criminal case dismissals and reasons for dismissal. They are for educational purposes only and should not be construed as legal advice.

#1: Voluntary Dismissal

A voluntary dismissal can occur if the Crown prosecutor decides to drop the charges. This can happen when the prosecution is reviewing what evidence the police have gathered against you. There could be insufficient evidence or doubts about whether you committed the crime. For example, in cases of common types of business fraud, insufficient evidence could lead to a voluntary dismissal.

#2: Involuntary Dismissal

An involuntary dismissal occurs when the judge presiding over the case dismisses the charges against you. Your criminal defence lawyer may make a motion for dismissal due to a lack of evidence, rights violations, or other such reasons. This could be particularly relevant if the case involves complex charges like importance of domestic assault.

#3: Dismissal with Prejudice

This type of dismissal can occur for various reasons. When it does, it simply means that the Crown cannot refile the case because it is permanently dismissed and cannot be retried in court. Essentially, the case is over.

#4: Dismissal without Prejudice

A dismissal without prejudice means the Crown could refile the charges at a later date. This type of dismissal can occur when the Crown needs more time to address weaknesses in its case, gather additional evidence, or file new charges that could be less serious or more serious than the original charges.

Reasons Why Cases Can Be Dismissed

For each type of case dismissal, there is an underlying reason, which may include:

• A violation of your Charter rights: If the police violated your rights in some manner, it could result in limiting the evidence against you, resulting in a case dismissal. For instance, if the police conducted an illegal search or failed to read your rights upon arrest.

• A lack of sufficient evidence: Suppose the police have not been able to gather sufficient evidence to establish beyond a reasonable doubt that you committed the crime. Your criminal defence lawyer can file a motion to have the charges dropped, and the case dismissed.

• A lack of resources: If the police and prosecution lack the resources to put into the case, your criminal defence lawyer could negotiate to have the case dismissed or charges reduced.

• Inadmissible evidence: If your rights were violated in some manner or an illegal search was conducted, any evidence gathered can be excluded from the court proceeding. When it is, the prosecution may no longer have a strong case against you.

As you can see, there are several reasons that your criminal defence lawyer could use to request case dismissal.

If you have been arrested and charged with a crime, get the legal advice you need to prepare a strategic defence against your charges by contacting a criminal lawyer.