The Direct Accountability Program (DAP) allows adults facing minor summary conviction offences in Toronto to have their criminal charges completely withdrawn. By completing assigned community service, attending educational classes, or paying restitution, eligible first-time offenders can avoid a permanent criminal record.
Making a terrible mistake should not necessarily ruin the rest of your life. Good people can sometimes find themselves facing minor criminal charges for shoplifting, mischief, or causing a public disturbance. A permanent criminal record can destroy your chances of finding employment, traveling outside of Canada, or securing a rental apartment in Toronto. 😨
Recognizing that a lengthy trial is not always in the public interest for minor crimes, the Ontario Ministry of the Attorney General supports the Direct Accountability Program (DAP). This program serves as an alternative to traditional prosecution. 📈 If you accept responsibility for your actions and complete a specific set of sanctions, the Crown Attorney will drop the charges. This guide outlines how to get accepted into the program and what you must do to clear your name.
Step-by-Step Process in Toronto, Ontario
The DAP program is usually facilitated by local community organizations, such as the John Howard Society of Toronto. Navigating the legal steps requires careful coordination between your criminal defence lawyer and the Crown. 🚨
Step 1: Attend Your First Court Appearance
After your arrest, the Toronto Police Service will give you a document requiring you to appear at an Ontario Court of Justice, such as the College Park courthouse or the Scarborough courthouse. 🏢 At your first appearance, you or your lawyer will pick up your disclosure (the police evidence against you) and the Crown’s screening form.
Step 2: Obtain the Crown’s Approval
You cannot force your way into the DAP. The Crown Attorney must specifically mark your file as eligible on the screening form. 📄 They usually only offer this to first-time offenders facing non-violent, minor summary conviction charges. If the Crown did not offer it initially, a skilled Toronto criminal lawyer can often negotiate with them to reconsider your eligibility based on your good character.
Step 3: Meet the Community Justice Worker
If approved, your case will be briefly adjourned. You will meet with a Community Justice Worker at the courthouse. You must be willing to accept responsibility for your actions. 🤝 You do not have to plead guilty before a judge, but you must admit to the program worker that you committed the act. They will then assign your sanctions.
Step 4: Complete Your Assigned Sanctions
The sanctions are designed to make amends to the community. You may be asked to complete 10 to 20 hours of community service, write a letter of apology, pay restitution to a store for damaged goods, or attend a specialized educational course like the Stop Shop Theft program. 💵 You are generally given a few months to complete these tasks.
Step 5: Have the Charges Withdrawn
Once you provide proof to the justice worker that you completed all your tasks, you will return to court. The Crown Attorney will stand before the judge and officially request that the charges be withdrawn. ▲️ You walk out of the courthouse with no criminal conviction.
How Much Does it Cost in Toronto?
Participating in the Direct Accountability Program itself is incredibly cost-effective compared to fighting a full trial, though some minor fees may apply:
- Program Fees: The DAP program is free. However, if you are ordered to take a specific educational class (like anger management or the Stop Shop Theft class), the community agency may charge a small administrative fee of $50 to $100 CAD. 💲
- Restitution: If you broke a window or stole an item, you will be required to pay the victim back the exact dollar amount of the damage.
- Lawyer Fees: Hiring a private lawyer to review your disclosure, negotiate your entry into the DAP, and finalize the withdrawal typically costs a flat block fee of $1,000 to $2,500 CAD.
| Requirement | Estimated Cost (CAD) |
|---|---|
| Direct Accountability Program Entry | $0 (Free) |
| Specialized Educational Class | $50 – $100 (If applicable) |
| Criminal Lawyer Representation | $1,000 – $2,500 |
How Long Does the Process Take?
Getting the initial offer from the Crown usually happens at your first or second court appearance. Once you enter the DAP, the court will typically give you 1 to 3 months to complete your community service or educational classes. ⌛ The entire process, from arrest to the charges being completely withdrawn, is usually resolved within 3 to 6 months.
Frequently Asked Questions (FAQ)
Does this mean I have a criminal record?
No. When charges are withdrawn through DAP, you do not receive a criminal conviction. However, a record of the arrest (a non-conviction police record) will still exist on the local Toronto Police database. Your lawyer must apply to have your fingerprints and photographs destroyed about 5 to 12 months after the withdrawal.
What happens if I don’t finish my community service?
If you fail to complete your assigned tasks by the deadline, your case will be returned to the regular court system. The Crown Attorney will resume the prosecution, and you will have to either fight the charges at trial or negotiate a formal plea deal that could result in a criminal record.
Do I have to plead guilty to enter the program?
No. This is a crucial distinction. You do not enter a formal guilty plea before a judge. You simply “accept responsibility” during your private interview with the Community Justice Worker. This acknowledgment cannot be used against you in court if you fail the program and go to trial.
Can I do the DAP if I have a prior criminal record?
Generally, the Direct Accountability Program is reserved for adults who have never been in trouble with the law before. However, in rare cases, a skilled lawyer might convince the Crown to allow an individual with a very old, unrelated criminal record to participate.
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