What Is a Crown Pre-Trial in Ontario?

What Is a Crown Pre-Trial in Criminal Court?

A Crown pre-trial (CPT), also called a Crown resolution meeting, is a private discussion between the Crown Attorney and your criminal defence lawyer. The main goal is to explore whether your criminal charges can be resolved without going to trial.

During the meeting, as your defence lawyer we’d look to raise concerns about the evidence, discuss weaknesses in the Crown’s case, and negotiate possible resolutions. These can include having charges withdrawn, reduced, or resolved through an agreement.

With over 20 years of criminal law experience as a defence lawyer and former Crown Attorney, Nicholas Charitsis understands how the Crown approaches pre-trial negotiations. He uses that experience to build a strong defence and fight to get your criminal charges withdrawn.

Where you’ve been charged with a criminal offence and need to speak to a criminal lawyer, call Nicholas Charitsis at 416-731-7113.

What Happens at a Crown Pre-Trial?

During a Crown pre-trial, your criminal defence lawyer meets privately with the Crown Attorney to discuss your case. The goal is to identify problems with the Crown’s evidence and explore ways to resolve your charges without a trial.

For example, in an impaired driving case, your lawyer can challenge the breathalyzer results, police procedures, or grounds for arrest during Crown pre-trial discussions.

In a domestic assault case, your lawyer can raise concerns about witness statements, conflicting evidence, or the reliability of the allegations. In both situations, the goal is to challenge the Crown’s case and negotiate to have the criminal charges withdrawn or reduced before trial.

Reviewing the Crown’s Evidence

Your lawyer reviews police reports, witness statements, videos, and other evidence. They can raise concerns about missing information, police procedures, or evidence that does not support the charges.

Negotiating to Have Charges Withdrawn

Your lawyer can explain weaknesses in the Crown’s case and argue for the charges to be withdrawn or reduced. Other options, such as a peace bond or negotiated resolution, can also be discussed when appropriate.

Negotiating to Have Criminal Charges Withdrawn or Reduced

During a Crown pre-trial, your defence lawyer can challenge weaknesses in the evidence and negotiate with the Crown Attorney. The goal is to have the charges withdrawn, reduced, or resolved without a criminal trial. For example:

Impaired Driving Charges

In some impaired driving cases, the Crown Attorney may agree to withdraw the criminal charge in exchange for a guilty plea to a provincial traffic offence.

• Careless driving: An impaired driving charge can sometimes be resolved with a careless driving ticket under Ontario’s Highway Traffic Act, generally only in exceptional circumstances.
• No criminal conviction: A resolution involving only a provincial offence avoids a criminal conviction, although driving penalties can still apply.

Learn more about careless driving vs. impaired driving.

Dangerous Driving Charges

In some dangerous driving cases, your lawyer can negotiate to have the criminal charge withdrawn in exchange for a guilty plea to careless driving.

• Reduced to careless driving: The criminal charge is withdrawn, and the case is resolved under the Highway Traffic Act.
• Avoiding a criminal conviction: A provincial traffic conviction does not create a criminal conviction, although fines, demerit points, and other penalties can apply.

Domestic Assault Charges

In certain domestic assault cases, your lawyer can negotiate a resolution that avoids a criminal conviction.

• Peace bond: The Crown may agree to withdraw the assault charge if you enter into a peace bond with conditions.
• Charges withdrawn: Weaknesses in the evidence can support a request to withdraw the charges without a guilty plea.
• Other resolutions: Depending on the case, the Crown may consider counselling, a treatment program, or a negotiated plea with a proposed sentence that includes probation.

A peace bond is not a finding of guilt. However, it can restrict contact with another person or impose other conditions.

Other Criminal Charges

For less serious offences, such as certain theft or mischief charges, your lawyer can also discuss:

• Diversion programs: Completing approved steps, such as community service or counselling, followed by withdrawal or a stay of charges.
• Reduced charges: Negotiating a plea to a less serious offence.
• Probation: Discussing a proposed sentence that allows the person to remain in the community under court-ordered conditions.

Probation generally follows a finding of guilt, while successful diversion can avoid a criminal conviction.

Every criminal case is different. At Charitsis Law, Nicholas Charitsis reviews the evidence, identifies weaknesses in the Crown’s case, and negotiates for the strongest resolution supported by the facts.

Preparing for Trial

If the charges cannot be resolved, both lawyers discuss what needs to happen before trial. This includes identifying witnesses, reviewing disputed evidence, and discussing any legal issues that could affect the case.

How Crown Pre-Trials Help in Impaired Driving and Domestic Assault Cases

For example, in an impaired driving case, your lawyer can challenge the breathalyzer results, police procedures, or grounds for arrest during Crown pre-trial discussions.

In a domestic assault case, your lawyer can raise concerns about witness statements, conflicting evidence, or the reliability of the allegations.

In both situations, the goal is to challenge the Crown’s case and negotiate to have the criminal charges withdrawn or reduced before trial.

Can Criminal Charges Be Withdrawn at a Crown Pre-Trial?

Yes. A Crown pre-trial provides an opportunity to negotiate the withdrawal of criminal charges before trial. Your defence lawyer can challenge the Crown’s evidence and explain why the charges should not proceed.

Depending on the evidence and circumstances of your case, possible outcomes include:

• Charges withdrawn: The Crown agrees not to proceed because of weaknesses in the evidence or problems with the investigation.
• Charges reduced: The Crown agrees to proceed with a less serious charge.
• Peace bond: In appropriate cases, the Crown agrees to withdraw the charges in exchange for entering into a peace bond.

The Crown Attorney decides whether to withdraw the charges. An experienced criminal defence lawyer can present strong arguments for withdrawal and negotiate a resolution that avoids a criminal trial.

Do I Have to Attend My Crown Pre-Trial?

No. If you have a criminal defence lawyer, you normally do not need to attend the Crown pre-trial. Your lawyer meets with the Crown Attorney on your behalf to discuss the evidence and possible ways to resolve your charges.

At Charitsis Law, Nicholas Charitsis handles your Crown pre-trial by:

• Reviewing the evidence: Identifying weaknesses in the Crown’s case and problems with the police investigation.
• Negotiating with the Crown: Presenting arguments to have your charges withdrawn, reduced, or otherwise resolved.
• Explaining your options: Reviewing the Crown’s offers and advising you on the next steps in your defence.

You remain in control of important decisions, including whether to accept a proposed resolution or proceed to trial.

If you do not have a lawyer, you can usually take part in the Crown pre-trial yourself, sometimes with help from duty counsel.

How Are Crown Pre-Trials Conducted in Ontario?

Crown pre-trials are private meetings between your criminal defence lawyer and the Crown Attorney. They can take place in several ways, depending on the courthouse and the circumstances of your case.

Ways a Crown Pre-Trial Can Take Place

• By telephone: The lawyers discuss the evidence and possible resolutions over the phone.
• By video conference: The lawyers meet online without travelling to the courthouse.
• In person: The lawyers meet privately at the courthouse or another agreed location.

Are Crown Pre-Trials Open to the Public?

No. Crown pre-trials are private discussions, not public court hearings. A judge does not attend, and witnesses do not give evidence.

How Charitsis Law Handles Your Crown Pre-Trial

Nicholas Charitsis represents you during pre-trial discussions with the Crown Attorney. He uses his experience as a former Crown Attorney to challenge weaknesses in the case and negotiate possible resolutions.

After the meeting, we explain what happened, any offers made, and the next steps in your defence.

What Happens After a Crown Pre-Trial?

After a Crown pre-trial, your defence lawyer explains what was discussed with the Crown Attorney and what happens next. The outcome depends on the evidence, the Crown’s position, and whether an agreement was reached.

Possible Outcomes of a Crown Pre-Trial

• Charges withdrawn: The Crown Attorney agrees to withdraw one or more criminal charges.
• Negotiated resolution: The Crown offers to reduce the charges, agree to a peace bond where available, or discuss a guilty plea.
• Case proceeds toward trial: If no agreement is reached, your lawyer continues preparing your defence.

What if No Agreement Is Reached?

Your case does not automatically go to trial. Your lawyer can continue discussions with the Crown Attorney, request missing evidence, or arrange a judicial pre-trial with a judge.

You do not have to accept the Crown Attorney’s offer. Your lawyer will explain your options and help you decide how to proceed.

What Is the Difference Between a Crown Pre-Trial and a Judicial Pre-Trial?

Both meetings help move a criminal case forward in Ontario. The main difference is that a judicial pre-trial includes a judge, while a Crown pre-trial does not.

Crown Pre-Trial (CPT)

A Crown pre-trial is usually the first meeting between your defence lawyer and the Crown Attorney. They review the evidence, discuss weaknesses in the case, and explore ways to resolve the charges without a trial.

Judicial Pre-Trial (JPT)

A judicial pre-trial includes a judge, the Crown Attorney, and your defence lawyer. The judge helps both sides discuss possible resolutions and prepare the case for trial if no agreement is reached.

Do You Need Both Pre-Trials?

Not every criminal case requires a judicial pre-trial. Many cases can be resolved through discussions with the Crown Attorney.

If the charges cannot be resolved, a judicial pre-trial can help narrow the issues and prepare the case for trial. In Ontario, a Crown pre-trial is generally completed before a judicial pre-trial takes place.

Why Experience Matters at a Crown Pre-Trial

A Crown pre-trial is an important opportunity to challenge the evidence and fight to have your criminal charges withdrawn. How your lawyer prepares and presents your case can make a difference in the outcome.

As a former Crown Attorney with over 20 years of criminal law experience, Nicholas Charitsis understands how the Crown reviews evidence and approaches negotiations. He uses that knowledge to identify weaknesses, challenge the charges, and fight for his clients.

Speak With Nicholas Charitsis Today

You’ll speak directly with DUI Lawyer Nicholas Charitsis—not a call centre or an intake representative.