This section as a free service is no longer available.

Hello, I have a question regarding a legal issue. If a spouse is physically abusive and you call the police can you drop the charges afterwards? Someone told me that once the police file a report it's in the court's hands and you can't go back and drop the case. Is this true? ~~~31 Canada

In answer to your question it is my opinion that once a criminal charge is authorized by the crown Attorney, it becomes entirely their choice with respect to whether or not a criminal case may be withdrawn. Usually a case may be settled by having the Defendant sign a peace bond wherein they admit that the victim had reason to fear yet they do not admit to guilt. This bond also provides for certain probationary conditions which the accused must adhere to. Furthermore, within the sphere of conjugal violence the crown Attorney as in all other cases has the entire discretion of not authorizing a criminal complaint should they feel that the evidence may not lead to proof beyond a reasonable doubt. As I have not practiced criminal law for the past five years, I do not proclaim expertise in this area and recourse to a criminal lawyer is advised for more certainty. ~~~Me. Eric Kirshner