The Direct Accountability Program (DAP) is an alternative to formal prosecution in Ontario. If you are charged with a minor offence like shoplifting in Markham, completing the DAP (usually through restitution or a class) results in the Crown Attorney completely withdrawing the charges, leaving you without a criminal record.
Making a poor split-second decision at a local retail store can suddenly leave you facing a “Theft Under $5,000” charge. A criminal conviction for theft is considered a crime of dishonesty, which can instantly destroy your career prospects and your ability to travel. Fortunately, the Ontario justice system recognizes that a single, non-violent mistake should not necessarily ruin a person’s life.
The Direct Accountability Program (DAP) is a diversion program designed to hold individuals accountable for minor crimes without burdening the Newmarket Courthouse with costly trials. By taking responsibility and making amends to the community or the victim, you can bypass the traditional sentencing process. Here is a comprehensive guide on how the DAP works and how your lawyer can help you secure it.
Step-by-Step Process for the Direct Accountability Program
Not everyone is automatically entitled to this program. You must be approved by the Crown Attorney, and your defence lawyer plays a critical role in persuading the prosecutor that you are a suitable candidate.
Step 1: Crown Screening and Lawyer Negotiation
After your arrest by the York Regional Police, your defence lawyer will obtain the police disclosure. During a Crown Pre-Trial meeting, your lawyer will highlight mitigating factors-such as your clean criminal history, your employment, or a momentary lapse in judgment. The lawyer will formally ask the Crown to screen the case as “DAP eligible.”
Step 2: Accepting Responsibility
To enter the program, you must be willing to accept responsibility for your actions. It is crucial to understand that accepting responsibility for the purposes of the DAP is not the same as entering a formal guilty plea before a judge. You are simply agreeing to participate in the alternative measures to resolve the matter amicably.
Step 3: Completing the Assigned Sanctions
Once referred to the local DAP coordinator (often managed by the John Howard Society), you will be assigned specific tasks. For a shoplifting charge, this usually involves completing the “Stop Shop Theft” educational program. You may also be required to pay financial restitution to the store in Markham for any unrecovered goods, or make a charitable donation to a local community group.
Step 4: Withdrawal of Charges
After you successfully finish your assigned tasks and pay any required restitution, the DAP coordinator notifies the Crown Attorney. On your final court date at the Newmarket Courthouse, the Crown will stand up and officially withdraw the theft charges. You walk away with no criminal conviction.
How Much Does the DAP Cost in Markham?
Participating in the Direct Accountability Program is highly cost-effective compared to funding a full criminal trial. The primary costs involve making amends and paying your legal representation.
| Expense Type | Purpose | Estimated Cost (CAD) |
|---|---|---|
| Program Registration Fee | Fee to take the educational course (e.g., the Stop Shop Theft program). | Free to $50 |
| Charitable Donation / Restitution | Paying the victim back for stolen items or donating to a local charity as a sanction. | $50 to $500+ |
| Defence Lawyer Block Fee | Legal fees for negotiating entry into the program with the Crown Attorney. | $1,500 to $3,000 |
While hiring a lawyer is an upfront expense, avoiding a permanent criminal record will save you untold thousands in lost employment opportunities over your lifetime. 💰
How Long Does the Process Take?
Getting approved for the program usually occurs within the first 2 to 4 months of your court case. Once the Crown refers you to the DAP, you are typically given 30 to 60 days to complete your educational class, community service, or restitution. Your final court date is set shortly after the deadline. If you fail to complete the tasks within the given timeframe, the Crown will revoke the diversion offer and resume the formal criminal prosecution.
Frequently Asked Questions (FAQ)
Will the DAP show up on a criminal background check?
Because the charges are withdrawn upon completion, you will not have a criminal conviction on standard background checks. However, the initial arrest record remains in the York Regional Police database. Your lawyer must apply to have your fingerprints and photos destroyed.
Can I use the Direct Accountability Program more than once?
The DAP is generally reserved for first-time offenders. While it is not legally impossible to receive it twice, Crown Attorneys are extremely reluctant to offer diversion to someone who has already been given a second chance for theft.
What happens if I refuse to do the DAP?
If you firmly believe you are innocent and refuse the program, the Crown will proceed with traditional prosecution. You will have to schedule a trial and risk receiving a formal criminal conviction if a judge finds you guilty.
Can youth offenders use the Direct Accountability Program?
The DAP is for adults (18 and older). However, youth offenders have access to a very similar diversion mechanism known as Extrajudicial Sanctions (EJS) under the Youth Criminal Justice Act.
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