The Direct Accountability Program (DAP) in Brampton requires participants to be adults with no serious prior criminal record, facing minor charges like shoplifting under $5,000 CAD. If accepted, you complete a task (such as a charitable donation or community service), and the Crown Attorney will officially withdraw the charges, leaving you with no criminal record.
Making a poor split-second decision should not permanently derail your life. For residents facing minor criminal charges at the Brampton courthouse, the fear of a permanent criminal record is overwhelming. A record can limit your employment opportunities, restrict your ability to travel, and damage your reputation within the community.
Fortunately, the Ontario justice system recognizes that some minor offences are better handled outside the traditional courtroom. The Direct Accountability Program (often referred to as criminal diversion) offers eligible individuals a second chance. By holding offenders accountable through community-based sanctions, the program provides a path to clear your name. 📍
Step-by-Step Guide to the DAP in Brampton
Participating in diversion requires coordination with the Crown Attorney and local agencies like the John Howard Society of Peel. Here is how the process generally unfolds.
Step 1: Crown Screening and Eligibility Assessment
At your first court appearance at the A. Grenville and William Davis Courthouse, your defence lawyer will review your disclosure package. The Crown Attorney’s screening form will indicate if they are willing to consider you for the DAP. Eligibility usually hinges on it being a minor, non-violent summary conviction offence. 📂
Step 2: Accepting Responsibility
To enter the program, you must be willing to accept responsibility for your actions. This is not a formal guilty plea before a judge. You simply acknowledge your involvement to the diversion worker, which satisfies the program’s accountability requirement.
Step 3: Completing the Assigned Sanctions
The Community Justice Worker will assign you specific tasks based on your offence. This could involve completing an online shoplifting prevention course, performing community service hours, writing a letter of apology, or making a restitution payment to the victim. 📝
Step 4: Formal Withdrawal of Charges
Once you provide proof that you have completed all sanctions, your lawyer will appear in court on your behalf. The Crown Attorney will then formally withdraw the charges against you, concluding the legal process entirely.
How Much Does it Cost in Brampton?
Avoiding a criminal trial saves substantial time and money, but there are still some financial elements associated with diversion.
| Charitable Donation | $100 to $500 CAD | Often assigned as a sanction instead of community service. |
| Restitution | Varies by case | Paying back a store or individual for minor property damage. |
| Lawyer Fees | $1,000 to $2,500 CAD | Block fee for a law firm to negotiate DAP and finalize the withdrawal. |
How Long Does the Process Take?
The timeline for completing the Direct Accountability Program is usually quite fast. From the date of your first court appearance, your lawyer can typically secure approval within 2 to 4 weeks. You are then usually given 1 to 3 months to complete the required sanctions (such as volunteer hours or classes). Once proof is submitted, the charges are withdrawn at your next scheduled court date. 🕗
Frequently Asked Questions (FAQ)
Will a withdrawn charge show up on a background check?
Because the charges are withdrawn, you will not have a criminal conviction. However, a record of the arrest and withdrawn charge may temporarily remain on local police databases (like Peel Regional Police records) until you formally apply for a file destruction.
Can I get DAP if I have a prior criminal record?
Generally, DAP is reserved for first-time offenders. If you have a prior record, the Crown Attorney is highly unlikely to offer diversion unless the previous offence was many decades ago or completely unrelated.
Do I need a lawyer to enter the diversion program?
While self-represented individuals can speak to duty counsel about DAP, hiring a private defence lawyer ensures your rights are protected, and they can strongly advocate to the Crown to offer diversion if it was not initially approved.
What happens if I fail to complete the assigned tasks?
If you do not complete the required community service or classes within the given timeframe, you will be removed from the program. The original criminal charges will be reactivated, and you will have to defend against them in court.
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