Every criminal case in Ontario follows its own course, shaped by the nature of the charges, the available evidence, and how the Crown and defence present their cases. While some matters lead to a conviction and sentencing, many others end without a finding of guilt. If you’re facing charges—or supporting someone who is—it’s important to understand the full range of possible outcomes in a criminal case.
In this article, we will clearly explain the possible outcomes of a criminal case, including options like withdrawals, discharges, probation, and jail sentences. We will also review the key factors that influence how a case proceeds and why consulting an experienced criminal defence lawyer early can help protect your rights and guide you through the process.
What Are the Possible Outcomes of a Criminal Case?
The criminal justice process in Ontario can lead to a variety of outcomes depending on the nature of the charges, the evidence, and other circumstances.
Below are the most common results explained clearly:
No Charge
In some situations, even if police arrest or detain someone, they may not lay charges or the Crown prosecutors may decline to prosecute. This can happen when officers determine there isn’t enough evidence to support prosecution or if the public interest doesn’t justify a formal charge.
In these cases, the person is released without any criminal record or further court involvement. In Ontario, police often lay charges directly, while in British Columbia, Crown prosecutors review evidence first before approving charges.
Acquittal / Not Guilty
An acquittal means the court found the accused not guilty after a trial. It does not mean the incident did not occur, but rather that the Crown did not prove the case beyond a reasonable doubt. A person acquitted of charges will not have a conviction or criminal record from that case.
Charge Withdrawal
Once police lay criminal charges, they transfer the file to the Crown Attorney’s office for prosecution. Only the Crown has the authority to withdraw a charge once it has been laid. The Crown prosecutor may withdraw a charge if they believe there is no longer a reasonable prospect of conviction or if it is not in the public interest to proceed.
Withdrawn charges do not result in a conviction, and in most cases, they are removed from the accused’s record. However, police and court records may still reflect that a charge was laid and later withdrawn.
Stay of Proceedings
A stay of proceedings pauses a criminal case indefinitely. This is typically done when continuing the case would be unfair or contrary to the interests of justice, for example, if there were unreasonable delays or serious Charter violations. While a stayed charge can be reactivated within one year, this is rare. If not reinstated, the charge is considered resolved after 12 months.
Alternative Measures (Diversion)
Diversion programs offer eligible accused persons a way to resolve minor criminal matters without going through a full trial or receiving a criminal record.. These programs are usually available to first-time offenders charged with non-violent crimes and may involve counselling, community service, or other conditions. Successful completion usually results in a stay of proceedings, avoiding a criminal record.
Peace Bond
In some cases, the Crown may agree to withdraw criminal charges if the accused enters into a peace bond. A peace bond is a court order requiring a person to maintain peace and good behaviour, often with specific conditions such as no-contact orders. It does not involve a finding of guilt or conviction. Peace bonds typically last up to one year.
Absolute Discharge
An absolute discharge is the most lenient sentencing option available after a finding of guilt and is outlined in Section 730(1) of the Criminal Code. An absolute discharge means an individual has been found guilty but is not convicted. There is no criminal record following an absolute discharge, and no further penalties are imposed.
Conditional Discharge
Like an absolute discharge, a conditional discharge (Section 731(2)) does not result in a conviction. It also involves a finding of guilt without a conviction, but requires the individual to follow probation conditions for a period. Upon successful completion, the discharge becomes absolute. Breaching conditions can lead to further consequences.
Suspended Sentence
A suspended sentence involves a conviction with a probation order but no immediate jail time. Unlike discharges, a suspended sentence results in a permanent criminal record.
Fines and Restitution Orders
Fines are monetary penalties paid to the government, while restitution involves payments directly to victims for their losses. Unpaid fines can result in imprisonment. Fines may also be combined with other penalties, like probation.
Probation
Probation is a court order requiring supervision in the community for up to three years. Conditions may include reporting to a probation officer, maintaining employment, attending counselling, and avoiding contact with certain people or places. Failing to comply with probation terms can lead to further charges.
Conditional Sentence (House Arrest)
A conditional sentence allows an individual to serve their sentence in the community under strict conditions, often including house arrest, curfews, electronic monitoring, and mandatory programs. Eligibility depends on receiving a sentence of less than two years, posing a low risk to public safety, and not facing a mandatory minimum penalty. Breaches can result in serving time in custody.
Intermittent Sentence
An intermittent sentence is served in segments, usually on weekends, allowing individuals to maintain employment or education during the week. This sentence is only available for custodial terms of 90 days or less and is often combined with probation..
Jail Sentence – Provincial Time
Sentences of less than two years are served in provincial correctional facilities. After release, individuals may be subject to probation or other supervision orders depending on the case.
Jail Sentence – Federal Time
Sentences of two years or more are served in federal penitentiaries. These institutions typically offer more comprehensive rehabilitation programs due to the longer incarceration periods. Probation is not available following federal incarceration; instead, individuals may seek parole through the Parole Board of Canada.
What Key Factors Influence Criminal Case Outcomes?
Several important factors influence the outcome of a criminal case in Ontario. Understanding these can help individuals better navigate the criminal justice process:
- Facts of Your Case: The strength of the evidence, the presence of any admissions, errors in police procedure, and the availability of legal defences are crucial in shaping the result of a case.
- Your Criminal History: A person’s prior convictions can significantly impact how a prosecutor approaches a case and what sentencing options may be considered.
- The Seriousness of the Offence: Violent or repeat offences are less likely to end in diversion, discharge, or non-custodial sentences.
- Prosecutor’s Discretion: Individual Crown attorneys have discretion when determining how to proceed with a case, including whether to withdraw charges, offer diversion, or proceed to trial.
- Judge’s Role and Approach: Judges oversee court proceedings, manage trials, and determine sentences. Their interpretation of evidence and their approach to sentencing guidelines can influence outcomes.
- Your Criminal Defence Lawyer: An experienced criminal defence lawyer plays a critical role by thoroughly preparing the case, negotiating with the Crown, identifying legal issues, and advocating effectively throughout the process.
Consult an Experienced Criminal Lawyer Today
Whether you’re facing a minor charge or a serious allegation, every criminal case carries significant consequences. A criminal lawyer can help you understand your legal rights, evaluate possible outcomes, and build the strongest defence available..
Early legal representation can make a significant difference in identifying legal issues, preparing a strong defence, and pursuing the best possible outcome based on the facts of the case.
Frequently Asked Questions
Will a criminal charge always result in a conviction?
No, a criminal charge does not always lead to a conviction. Many charges are withdrawn, stayed, diverted, or result in acquittals or discharges. There is no guarantee that being charged will result in a criminal record.
Can charges be reinitiated after being stayed or withdrawn?
In the case of a withdrawal, the charges are typically closed permanently. A stay of proceedings, however, can be reactivated within 12 months if the Crown decides to proceed. After that period, the matter is considered concluded and cannot be revived.
How does a discharge affect my criminal record in Ontario?
When a person receives either a conditional or absolute discharge, no conviction is registered on their criminal record, although the sentence will be noted in the system. This distinction is important for employment background checks and travel purposes. After a specified period (one year for absolute discharges and three years for conditional discharges), the record should be automatically removed from the RCMP’s criminal conviction database.
Can I avoid jail for serious charges in Ontario?
It depends on the offence, your record, the circumstances of the case, the prosecutor’s discretion, and the effectiveness of the defence strategy. In some cases, it is possible to avoid jail through alternatives like conditional sentences, probation, discharges, or intermittent sentences.
