If you are facing criminal charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

Alternative measures programs offer a different way to deal with criminal cases without having to go through the traditional court system.

They allow people who are accused of certain crimes to admit what they did and engage in helpful programs. At the end of this process, they are usually left without a criminal record.

These programs are most effective for people who have never broken the law before and for crimes that aren’t very serious. The accused must agree to take part and admit that they are to blame for what happened.

The purpose of alternative measures is to repair the damage done by the crime and offer opportunities for recovery and learning. These programs also make it easier for busy courts to handle cases outside of it and give victims more control over how their cases are handled.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of offences beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • People who have been charged with certain crimes and meet requirements can settle their cases without getting a criminal record by participating in alternative measures programs (AMPs).
  • These AMP programs could include going to school, doing community service, getting counselling, or repaying the victim.
  • Most of the time, these AMPs are only for people who have committed minor crimes, like stealing, vandalizing, hitting someone, or having a small amount of drugs.
  • You still have to follow the court’s bail conditions while you are in an AMP. This could include regular supervision, no-contact orders, curfews and/or geographical restrictions.

How Our Lawyers Help With the Alternative Measures Program

A Strategic Criminal Defence lawyer who knows a lot about alternative measures programs can help you. 

  • We can look at your situation, see if you qualify for alternative measures and which program would work best for you.
  • Before formal charges are filed, our lawyers can give you advice. Sometimes we even call the police or the prosecutor to see if they can get your case moved to alternative measures right away instead of going through with formal charges.
  • This proactive approach can help you stay out of court altogether. Our lawyers can talk to the police, prosecutors, and program coordinators for you.
  • If we need to, our team will get evidence of your good character, community service, or steady job so you are more likely to be diverted to alternative measures.

Our lawyers know how to deal with Calgary’s special process for applying for alternative measures. We can help you figure out what the program wants from you and make sure you do everything it asks so that your charges are dropped.

Examples of Offences Resolved with Alternative Measures Programs

  • A 19-year-old woman was caught stealing a $50 jacket from a department store. She was charged with theft of less than $5,000 because it was her first crime and she didn’t have a criminal record. The Crown let her attend alternative measures programming instead of going to court. She had to write an apology letter to the store, work for 20 hours at a food bank, and take a class on how to stop stealing. Her criminal charge was dropped after she did these things for three months, so she doesn’t have a criminal record.
  • A 22-year-old man spray-painted graffiti on a public building, which cost about $300 to fix. He was charged with a crime that cost less than $5,000. He had to pay $300 to cover the cost of cleaning, do 25 hours of community service cleaning up public spaces, and go to a class on how to respect other people’s stuff. After he finished his alternative measures programming, his charge was dropped.
  • A student pushed someone else at a hockey game. He was found guilty of simple assault. Because he had never been in trouble with the law before, he was given an opportunity to attend an alternative measures program. He had to take an anger management class, write an apology letter to the other person, and do 30 hours of community service with a local youth sports group as part of his program. After he met these conditions, the assault charge against him was dropped.

Consequences of Alternative Measures Programs

Alternative measures programs provide a significant benefit because they help you avoid the usual consequences of criminal charges.

The original offences that qualify for alternative measures typically include summary offences and some hybrid offences when prosecuted summarily. Summary offences generally carry maximum penalties of two years imprisonment and/or fines up to $5,000. Hybrid offences can range from no minimum penalties to maximum penalties of 10 years’ imprisonment, depending on the specific charge and whether the Crown proceeds summarily or by indictment.

For example, theft under $5,000 is a hybrid offence that commonly qualifies for alternative measures (for first-time offenders). If prosecuted summarily, it carries no minimum sentence but a maximum of two years imprisonment and/or a fine. If prosecuted by indictment, it carries a maximum of 10 years imprisonment. However, by successfully completing alternative measures, you avoid these potential penalties entirely.

The requirements of alternative measures programs vary based on the offence and your personal circumstances, but commonly include:

  • Community service
  • Educational programs
  • Counselling
  • Letters of apology

The most significant benefit of completing alternative measures is having your charge withdrawn or stayed, meaning you won’t have a criminal record for this offence. This protects your ability to travel, maintain or obtain employment, volunteer, and avoid the stigma associated with criminal convictions.

If you fail to complete the alternative measures requirements, the original charge returns to court, and you face the normal range of potential penalties for that offence. This makes it extremely important to fulfill all requirements within the timeframe provided.

Bail Conditions While Awaiting Alternative Measures Programs

If you’ve been charged with a crime that might qualify for an alternative measures program, you still need to follow the rules of your bail while your case is being resolved. These rules stay in place until the charges against you are officially dropped after you finish the program.

  • For most minor offences, you’ll get a “release order” or “undertaking” with rules that are specific to your case.
  • You have to follow the rules that come with all release orders, such as going to court when you’re told to and “keeping the peace and being of good behaviour.” This means that you can’t break the law again while you’re out on bail.
  • You also need to let the police, the court, or your bail supervisor know if you move, get a new job, or switch careers.
  • You won’t be free of these conditions until you have finished the program and the Crown drops the charges.
  • Our lawyers can ask for changes to the bail conditions if they make it hard for you to follow the requirements of your alternative measures program. For example, if the places you have to do community service are close to places you have to stay away from. Most of the time, courts are happy to make reasonable changes to help people finish their alternative measures programs.
  • If you break any of the rules of your bail while you are waiting for or taking part in alternative measures, you could be charged with a new crime. This would mean that your original charge would have to go through the normal court process, and you would lose the chance to attend alternative measures again.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

Alternative measures programs are usually available for less serious crimes, especially for people who have never been in trouble with the law before. Some of the most common offences that qualify are:

  • Theft or fraud of less than $5,000 (like shoplifting or small scams)
  • Mischief that costs less than $5,000 (damage to property)
  • Having small amounts of drugs
  • Minor assaults that don’t hurt anyone badly
  • Making threats (in less serious situations)
  • Some driving offences, but not driving while impaired

Most of the time, crimes that involve violence with serious injuries, weapons, domestic violence, sexual offences, impaired driving, or drug trafficking don’t qualify for alternative measures. However, rules vary from province to province.

Your criminal record also affects whether or not you can apply. First-time offenders can most easily get alternative punishments. You might still be eligible if you have previous convictions for crimes that aren’t related to the current one or happened a long time ago.

There are serious consequences if you don’t finish all the requirements of your alternative measures program. The most important thing that will happen is that your original criminal charge will go back to the regular court process. This means that you could be found guilty and sentenced.

When you first get referred to alternative measures, your court case is usually put on hold or adjourned for a set amount of time (usually 3–6 months) so you can finish the program. The Crown prosecutor will keep going with the case if you don’t meet all the requirements by the deadline.

If you miss community service hours, don’t go to required programs, don’t pay restitution, or don’t do what you’re supposed to do in other ways, the alternative measures coordinator will tell the Crown about it. Then you’ll have to go to court to face the original charge.

Even if your offence technically qualifies and you don’t have a criminal record, you can still be denied alternative measures. They are not a right that everyone has. They are a program that the Crown prosecutor and sometimes the victim must agree to.