How to get Fraud Under $5000 charges dropped

Perhaps it goes without saying that every criminal case is different so strategies also differ. Dropped is the most common slang term for withdrawn charges in Canada. Getting fraud under $5000 charges withdrawn normally combines a mix of the following for the accused’s lawyer:

1. Analysing the strength of the Crown Attorney’s case based on the evidence provided by the police


2. The facts of the case itself in terms of the relationship between the accused and the alleged victim (is it from the workplace, an insurance company, retail shoplifting fraud, etc.), the amount defrauded, how many times it supposedly happened, etc.


3. The previous criminal background of the accused. This includes prior charges that were withdrawn/dropped, stayed, or discharged.

It is important to note that someone who was charged in the past (was fingerprinted and given a court date), will have a police information record that can be looked up by the officer in charge of the case (OIC) and provided for consideration to the Crown Attorney (prosecutor) when determining whether to withdraw (drop) the current charges against the accused.

We get so many calls from people who were charged in the past whose charges may have been withdrawn or discharged under the false impression that this means they have a clean slate in regards to how the Crown Attorney in Ontario will evaluate the new charges. This is not the case at all. If the accused was charged with fraud, theft, or any other property related crime in the past, the police will provide this information to the Crown for consideration.

While those with prior withdrawn fraud or theft related offences are not considered to be first time offenders by Ontario Crown Attorneys, this does not necessarily mean the charges can’t be dropped.

While having any prior charges (including withdrawn ones) does make your case much more difficult this does not mean that it is impossible to have the charges withdrawn. We have had many clients charged with fraud under $5000 for the second time whose charges have ultimately been able to be dropped. This includes shoplifting cases where the accused switches a price tag, tries to fraudulently return an item from the shelf for cash, or defrauds their employer.

Of course every case is different. Every client is also different. Some are willing to do upfront work to try to mitigate their case such as paying restitution, community service, counselling, donations to charity, etc. Others are not. The strength of the Crown Attorney’s case is also an important factor for the accused to consider. No accused is ever obligated to comply with any particular deal. They always have the option to take their case to trial and have a judge decide if they are guilty or not.

In Ontario, each Crown Attorney’s office also handles and evaluates cases differently. Some cases may be much easier to have dropped at one particular courthouse than another.

Contrary to popular belief, the courts across Ontario do not operate the same way. Each jurisdiction is different due to local politics, crime rates, court resources, busyness, etc.

While Crown Attorneys across Ontario evaluate cases differently all of them will normally ask for a much harsher sentence if an accused is found guilty after a trial. This could be the difference between having the charges withdrawn (dropped) or going to jail and receiving a permanent criminal record if the trial does not go in the accused’s favour. No one who is innocent should ever plead guilty to a crime. Unfortunately, a lot of pressure is placed on those who are charged to resolve their cases to avoid taking the risk of a devastating loss at trial.

There is a big difference between pleading guilty and having the charges withdrawn.

If fraud or any other charges are withdrawn that ends the case. You have not been found guilty, are not convicted, and do not have a criminal record. Withdrawn charges can never be restarted in the future. In many cases, you may also be able to have your fingerprints and mugshot destroyed afterwards and avoid problems with your immigration/IRCC status, employment background checks, and travelling to the United States in the future.


Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with fraud offences throughout Ontario.

Have a skilled criminal lawyer who focuses on fraud related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending a fraud related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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