If you’re facing criminal charges in Calgary, a local criminal defence lawyer from our firm will:

  • Protect your legal rights.
  • Explain your legal options.
  • Seek resolutions that prevent a criminal record, wherever possible.

One pre-trial resolution often available for first-time offenders accused of crimes that are not very serious is the Alternative Measures Program, which allows you to:

  • Resolve your matter without going through the traditional court system.
  • Engage in helpful programs in exchange for admitting what you did.
  • Prevent a criminal record.
  • Avoid potential long-term negative consequences for your life.

Early intervention from a Strategic Criminal Defence lawyer allows us to work with the Crown Prosecutor on the best solution for your future, which may involve preventing a criminal record.

Contact us for a free, no-obligation consultation.

“The Alternative Measures Program (AMP) is a way for you to accept responsibility for your actions without being found guilty of a criminal offence. Provided you complete the program’s requirements, you will not receive a criminal record and you will be able to honestly say that you have never been found guilty nor convicted of any criminal offence.”

Michael Oykhman, Strategic Criminal Defence

Could the AMP work for you? Ask these 3 questions:

  1. Is it my first offence? First-time offenders are generally given far more leniency by the Crown, and AMP eligibility depends heavily on whether you have a prior criminal record.
  2. Is the offence I’m accused of considered relatively minor? AMP is typically reserved for less serious, non-violent offences.
  3. Am I willing to accept responsibility for what happened? The Criminal Code requires an individual to take responsibility for the offence to be diverted into AMP as a legal precondition.

If you can answer “yes” to all three, it’s worth speaking with a lawyer. Eligibility alone doesn’t secure a spot in the program. An experienced lawyer should make the case to the Crown on your behalf.

How does the Alternative Measures Program work?

The Alternative Measures Program is focused on:

  • Repairing the damage done by the crime.
  • Offering opportunities for recovery and learning.
  • Easing the burden on the busy court system in Calgary.

However, the AMP option is not a “Get out of Jail Free” card, and is only available for certain types of offences and offenders. Depending on the nature of the offence and your personal circumstances, you may need to:

  • Attend educational programs.
  • Do community service for a certain number of hours.
  • Attend counselling.
  • Repay the victim and write a letter of apology.

For the duration of the Alternative Measures Program, you must follow the court’s conditions of release. For most minor offences, a bail hearing is not necessary. You’ll get an “Appearance Notice” or “Undertaking” with rules requiring you to keep the peace, be of good behaviour, and attend court, plus other possible restrictions.

If you complete the program, the charge will be withdrawn and no criminal record will result.

Are you eligible for the AMP?

The Alternative Measures Program may be available for offenders without a prior record accused of less-serious crimes:

  • Summary offences (which carry maximum penalties of imprisonment for two years less a day and/or fines up to $5,000), and
  • Some hybrid offences that are prosecuted summarily (‘hybrid‘ offences can be prosecuted summarily or by indictment, depending on the Crown’s election).

Some of the most common offences that qualify are:

Here are a few examples of hybrid offences for which the AMP is commonly available for first-time offenders:

OFFENCE CROWN ELECTION MAXIMUM PENALTY IF AMP COMPLETED SUCCESSFULLY
Theft Under $5,000 (s. 334(b)) Summary 2 years less a day and/or a $5,000 fine. Avoid these penalties entirely. No criminal record.
Indictment 2 years imprisonment.
Simple Assault (s. 266) Summary 2 years less a day and/or a fine. Avoid these penalties entirely. No criminal record.
Indictment 5 years imprisonment.
Mischief Under $5,000 (s. 430(4)) Summary 2 years less a day and/or a $5,000 fine. Avoid these penalties entirely. No criminal record.
Indictment 2 years imprisonment.

Upon completion of the program, the charges are withdrawn. This protects your ability to travel, maintain or obtain employment, volunteer, and avoid the stigma associated with criminal convictions.

When are Alternative Measures not available?

Most of the time, people accused of the following crimes in Alberta are not eligible for the AMP:

How will your lawyer work to enable participation in the AMP?

After an initial consultation to understand your case, a Strategic Criminal Defence lawyer will provide an honest assessment of whether you may qualify for the Alternative Measures Program:

  • Even before formal charges are filed, our lawyers can provide pre-charge legal advice and attempt to convince the police or the prosecutor to move your case to alternative measures right away instead of laying charges.
  • If charges have been filed, we will take a proactive approach to keep your matter out of court by talking to prosecutors and program coordinators.
  • Our team will get evidence of your good character, community service, or steady job to improve the chances of your case being diverted to alternative measures.

Our lawyers are very familiar with the process of applying for alternative measures in Calgary. We will help you figure out what the program wants from you and make sure you do everything it asks, so that your charges are dropped.

“The Crown is the gatekeeper of the program and will often need to be convinced that AMP is the most appropriate solution. It is important to understand that only some people are eligible for AMP, largely based on their criminal record and the offence(s) they are alleged to have committed.”

Michael Oykhman, Strategic Criminal Defence

Successful Cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 9793802

Our client was arrested for theft when Loss Prevention Officers observed her first leave a store with unpaid merchandise without attempting to pay, then come back inside the store and purchase an item, then return a third time and leave the store a final time with unpaid merchandise that she had not attempted to pay for. The officers approached our client outside and inquired about her purchases. When she showed them the receipt for the second item that she purchased, they let her go. Later, they reviewed camera footage from inside the store and confirmed that she had left the store twice during that time with unpaid merchandise. They contacted police and she was later arrested for the theft.

Upon being retained, we immediately ordered disclosure and reviewed it with our client. We then entered resolution discussions and were able to successfully persuade the Crown Prosecutor to resolve the issue through the Alternative Measures Program. As a result, the charge was withdrawn and our client avoided a criminal record.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 4262156

Our client was charged with one count of Fraud Under $5000. He entered a retail establishment, selected items from the sales floor, presented a receipt that was not for those goods, and claimed that he had previously purchased them. He was able to leave the store with the items.

Loss prevention noticed the theft, identified our client, and contacted the police. Our client was subsequently arrested and charged with one count of Fraud Under $5,000. Upon being retained, we ordered disclosure and began negotiating with the Crown. We were able to successfully place our client in the Alternative Measures Program, and upon his successful completion of the program, his charges were withdrawn.

Successful Outcome: Charges Withdrawn, No Criminal Record

Case Number: 75790045

Our client was arrested when a police officer who followed him into an alleyway noticed a small bag in his hands. When the officer shone his flashlight, he noticed that the bag was no longer in our client’s hands and quickly found it on the ground at his feet. He arrested our client for possession of a controlled substance.

Upon being retained, we immediately ordered disclosure and learned that our client did not have a criminal record or a history of drug use. We raised this to the Crown Prosecutor and as a result of our discussions, the Crown agreed to withdraw the charge and resolve the matter through the Alternative Measures Program. Upon completion of community service, the charge was withdrawn, and our client avoided a criminal record.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 65690262

Our client was charged following an altercation with a security guard at a Stampede tent. Patrons and staff complained about our client being intoxicated, which prompted security to intervene and escort our client out of the tent. While she was being escorted, our client escaped and attacked a security guard, who sustained injuries to her arm and hand.

Upon being retained, we immediately requested disclosure and assisted our client in securing counselling for anger management. We also requested character references, proof of community involvement, proof of employment, and a letter of apology from our client, which we presented to the Crown Prosecutor. Based on this, the Crown agreed to enter resolution discussions, and as a result, the matter was resolved through the Alternative Measures Program. Upon our client’s successful completion of the program, the charge was withdrawn.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 2240008

Our client was charged with Obstruction of a Peace Officer after two peace officers attended a large party site located on a campsite that our client had rented for a birthday party. Upon arriving at the scene, the peace officers found bottles of alcohol and beer cans strewn about the site, as well as a significant amount of garbage. Because our client had violated park regulations, the peace officers revoked her parking permit. While the officers were investigating the infraction, our client had given the officers a false name, became enraged at the presence of the officers at the site, and struck their vehicle in anger. The officers subsequently charged our client with Obstruction of a Peace Officer.

Upon being retained, we ordered disclosure and immediately directed our client to begin volunteering in the community. We also sought out glowing character references for our client to forward to the Crown Prosecutor during negotiations. Once we had identified our strongest defences, we began negotiating potential resolutions with the Crown. Through our efforts, we were able to successfully resolve the matter by diverting our client to the Alternative Measures Program. As a result, our client was able to avoid a criminal record that would have caused her to lose her job.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

FAQs

The AMP requires that the accused person accept responsibility for the offence. This does not mean you agree with everything that the Crown is alleging, but that you accept responsibility for what happened.

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. The Crown prosecutor and sometimes the victim must agree to the program.

First-time offenders have a better chance of acceptance into the program. However, 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.

If you fail to complete the alternative measures requirements, such as missing community service or not repaying the victim, the original charge returns to court, and the Crown Prosecutor will keep going with the case. You could be found guilty, sentenced, and burdened with a criminal record. It’s extremely important to fulfill all requirements within the timeframe provided. Your lawyer will explain what you need to do and how to comply with all conditions to prevent any complications.

Get experienced help with alternative measures for criminal charges

Whether you’ve already been charged or not, a Strategic Criminal Defence lawyer can help with:

  • Protecting your legal rights and your future.
  • Explaining the legal options available.
  • Communicating with the police and the Crown Prosecutor about alternative measures.

Over the past two decades, our team has earned over 750 5-star reviews, many from clients who have been diverted away from the criminal justice system. We will work to limit the consequences of a criminal charge for your future.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 13, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410