Qualification Criteria:
The Alternative Measures Program (AMP) serves as a diversionary option for individuals facing minor criminal charges, aiming to keep them out of the formal justice system. To qualify, one must lack a criminal record and be charged with specific offenses, excluding domestic violence cases. Eligible offenses encompass summary conviction offenses in the Criminal Code, except for family violence or court order breaches. Hybrid offenses, including simple assault in non-domestic situations, theft under $5000, possession of stolen property under $5000, fraud under $5000, mischief, possession of controlled substances (depending on the substance), and obtaining sexual services for consideration, may also qualify. The program might be offered to individuals with no prior participation, although some exceptions exist for those who completed it over two years ago.
Program Process: From Eligibility to Completion:
To initiate participation, eligibility assessment is crucial, which can be aided by legal counsel. If deemed eligible, individuals must decide to accept responsibility for their actions. Participation doesn’t equate to pleading guilty or admitting guilt. During the program, participants engage in private discussions with program representatives. They agree to specific tasks, usually involving community service or charitable donations, to be completed within a few months. Proof of completion is then submitted to the program facilitator, who communicates this to the Crown Prosecutor. Successful fulfillment leads to the withdrawal of charges during the subsequent court appearance, usually adjourned for three to four months in Alberta.
Avoiding a Criminal Record:
Crucially, completing the AMP ensures individuals don’t acquire a criminal record. Although certain notations may appear in police checks for a year, individuals can request data removal for immigration or employment needs. However, individuals employed in fields like healthcare, education, or roles involving vulnerable populations should seek legal advice before opting for the AMP due to specific requirements in their sectors.
Specialized Program:
Individuals charged with attempting to pay for sexual services may qualify for the AMP, specifically the Sex Trade Offender Program (STOP). This specialized program necessitates attending a day-long seminar about the impacts of sex trade work. Upon successful completion, charges are withdrawn. Interested individuals should consult legal experts for detailed information about this program and the registration process.
Consulting Legal Counsel:
While the AMP offers a favorable outcome, individuals must understand the implications before accepting responsibility for their actions. Seeking legal advice, especially when considering participation, is crucial. Smyllie Law offers free consultations to address questions and provide comprehensive information about the Alternative Measures Program.