Getting the Police Involved

Can you withdraw charges after they are laid?

If the police have laid a charge, you cannot insist that they withdraw it. When the case goes to court you may be required as a witness for the Crown. If so, you will receive a subpoena. A subpoena is a court order telling you where and when to be in court.

The Crown presents the evidence against a person accused of breaking a criminal law. The lawyer who represents the Crown is called the Crown attorney.

If you do not obey the subpoena, the Crown attorney may withdraw the charges, or ask the judge to issue a warrant for your arrest, or proceed with the case. The fact that you and your spouse have worked out your problem, is not by itself enough to have the Crown attorney drop the charges.

If you laid the charges (rather than the police) you can withdraw the charges by informing the court office where you laid the charges.

Police Involvement - Continued: What will the police do? What is an assault charge? Will the police always lay assault charges? What type of sentence will the offender get?

©1998-1999 Legal Resource Centre of Alberta.