Alternative Measures Program In Calgary
Have you just been charged with a small time offense and face some big implications? If you have just committed an offense as a first time offender or just been charged with a small time offense then you may be eligible for the Alternative Measures Program (AMP).
What is the Alternative Measures Program?
The Alternative Measures Program (AMP) is a solution for first time offenders to accept responsibility for the implications of their criminal offense. The purpose of AMP is to help people who have had little to no charges (less than two dated offences) in the criminal justice system and give them a second chance by accepting the responsibility of their crimes.
Who are eligible for the Alternative Measures Program?
To be eligible for the Alternative Measures Program (AMP), you will have to be a first time offender or have had less than two criminal offences that aren’t dated recently. Generally, if you have been charged with a serious indictable offence, you will not be eligible for the AMP. Not all criminal charges are accepted by AMP, to be precise only the small time charges are acknowledged by the Crown.
Here are a list of the accepted criminal charges as stated by Alberta Justice:
assault (only simple assault in a non-domestic situation);theft not exceeding $5000;possession of stolen property not exceeding $5000;obtaining by a false pretence not exceeding $5000;fraud not exceeding $5000;personation with intent;mischief that is property related;false fire alarm; andobtaining/communication for the purpose of obtaining sexual services for consideration.
- assault (only simple assault in a non-domestic situation);
- theft not exceeding $5000;
- possession of stolen property not exceeding $5000;
- obtaining by a false pretence not exceeding $5000;
- fraud not exceeding $5000;personation with intent;
- mischief that is property related;
- false fire alarm;
- andobtaining/communication for the purpose of obtaining sexual services for consideration.
| Summary Convictions | Indictable Offences | Hybrid Offences |
|---|---|---|
| assault (only simple assault in a non-domestic situation); theft not exceeding $5000; possession of stolen property not exceeding $5000; obtaining by a false pretence not exceeding $5000; fraud not exceeding $5000;personation with intent; mischief that is property related; false fire alarm; andobtaining/communication for the purpose of obtaining sexual services for consideration. | theft over $5000; possession of property over $5000 obtained by crime; theft from mail; false pretence, property over $5000; obtain credit, etc by false pretence; obtain execution of security by fraud; possession of counterfeit money; anduttering, etc. counterfeit money. | forcible entry; obstructing peace officer;failure to guard hole; threats; credit card theft, etc.; credit card forgery, etc.; computer service theft, etc.; computer hacking device; being unlawfully in a dwelling house; forgery; anduttering. |
Summary convictions (simple criminal offences) are most likely accepted by the crown but for more serious implications such as assault with weapon, counterfeit money, drug possession and any other indictable offences may need a lawyers assistance when applying for the AMP. Any charges related to domestic violence will not be accepted by the Crown.
How can our Calgary Criminal Lawyers help you apply for the Alternative Measures Program?
Before your court appearance with the Crown, our Calgary Criminal Lawyer, William Wister can ask the Judge or Crown to consider your case for the Alternative Measures Program. For this to effectively work, we would need to illustrate your personal circumstances to the Crown to show them that you have taken responsibility of your actions and the consequences it has had with your personal life.
This may include your work life, family life, student life or financial situations and the reason to why you committed the crime in the first place. For example, you were stealing $1000 from your workplace because your employer wasn’t paying you for the last 2 months and you had to feed your 3 year old child at home. Once you have shown your regret and the capability of accepting your responsibility of committing a crime, the Crown may accept you into the AMP.
What would I have to do in the Alternative Measures Program?
Once you have been admitted to the AMP, you may be asked by the Crown to do a variety of different tasks depending on the offence you have been charged with. As stated by the Alberta Justice, some conditions may include (but are not limited to):
- return of property or restitution to the victim;
- an apology to the victim either personally or written;
- community service work;
- donation to a registered charity;
- personal service to the victim;
- take counselling;
- participation in a victim/offender reconciliation program (VORP);
- to be under the supervision of a probation officer; and
- participation in Aboriginal cultural/spiritual activities; and
- any other appropriate condition.
Generally, there will not be more than 3 conditions given to the accused and will be overlooked and supervised by a probationary officer. Once completed, your probationary officer or supervisor in charge will notify the Chief Crown Prosecutor of your completion of the AMP and have your record listed on the Canadian Police Information Centre (CPIC) database.
Do I get a Criminal Record after the completion of the Alternative Measures Program?
Although you will have your record listed on the CPIC database, you will not be charged with a criminal record. The purpose of the CPIC is to record that you have used the AMP and will not be as eligible to use it again in the future if you have committed another crime. Even though your completion with AMP will not show up as a criminal record, it may show up in high level security checks such as government security screenings showing you have previously completed the Alternative Measures Program for up to 12 months.
For more information about the Alternative Measures Program, please refer to our former Chief Crown Prosecutor and now our Criminal Lawyer at Shim Law – William Wister. Mr. Wister may help assist your procedures with applying to the Alternative Measures Program and the completion of AMP.
