Toronto Youth Crime Lawyer
The criminal justice system treats young offenders differently than adults, and the Youth Criminal Justice Act (YCJA) gives them more rights and protections. It is critical that you, as a parent or guardian, are informed of these rights as soon as possible. You may ensure that your child’s rights are not accidentally waived or neglected by the authorities by contacting a skilled criminal defence lawyer at Karapancev Law as soon as possible.
The Youth Criminal Justice Act and the Criminal Code have a number of significant distinctions. The law recognizes that children and teenagers do not have the same level of maturity as adults. The youth system takes into account young people’s lower moral culpability. Although rehabilitation is simply one aspect in adult punishment, it is the most important principle for children and adolescents.
The Youth Criminal Justice Act governs young people who have been charged with offences. The legislation covers people aged 12 to 17 years old; in Canada, you cannot be prosecuted with a crime if you are under the age of 12.
The Crown can seek an adult sentence if a young person is convicted of a major violent offence. The Crown would have to persuade the court of two things: first, that the young person’s moral culpability is not diminished, and second, that a youth sentence is insufficient to hold the young person accountable.
The youth criminal justice system has three main objectives. To begin with, the system is designed to hold young people accountable in a proportionate manner to their reduced culpability. Second, the goal is to promote young people’s rehabilitation and reintegration into society. Third, referrals are made to community organizations and agencies that attempt to address the underlying causes of criminal behaviour to help prevent repeat offending.
What parents need to know
If your child is being investigated for a criminal offence, you have the right to be notified by the police. Young offenders have the right to have a parent present during any police interview, and they must be informed in writing of their rights to silence and counsel. Police statements that do not adhere to the YCJA’s strict rules are not admissible in court. However, police may try to persuade the young person to relinquish his or her rights. These issues can be avoided with prompt and effective advice from an experienced Toronto defence lawyer.
Bail for Young Persons
The bail rules of the Youth Criminal Justice Act differ significantly from those of the adult system. The court has the authority to hold a minor before trial only if specific conditions are met. Firstly, the young person must have been charged with a serious offence or have a history of pending charges or prior convictions. If that condition is satisfied, one of the following three grounds must also exist:
- If the young person is released, it is highly unlikely that they will appear in court;
- Detention is required to safeguard the public; or
- There are extraordinary circumstances that necessitate detention to maintain public faith in the justice system.
Finally, even if one of the above grounds is met, the court must assess if any conditions can be implemented that would eliminate these concerns whilst still allowing the child to be released into the community. The child will only be detained if no conditions can abate the court’s concerns.
Sentencing in Youth Crime Cases
The Youth Criminal Justice Act recognizes that because of their inexperience, young people are more likely to make mistakes and are more easily rehabilitated. As a result, the YCJA contains different purposes and principles for how young offenders are treated and sentenced. There are also unique restrictions in place to protect the young person’s identity while also promoting their rehabilitation and reintegration into society as they grow up.
For young persons, there is a wider range of penalties available, many of which should not be called “sentences” in the classic sense. These punishments differ in terms of how they will appear on the young person’s criminal record, how long they will remain on the criminal record, and whether any technical exceptions will prevent the young person’s record from being sealed. A juvenile offender’s criminal record does not just vanish when he or she reaches the age of eighteen.
A Strong Defence
If your child is facing one or more criminal accusations, you need a criminal defence lawyer to safeguard their rights and fight for their freedom. When a person is being prosecuted, the Crown will try to provide evidence to a judge that establishes their guilt beyond a reasonable doubt. It is the role of the defence lawyer to raise a reasonable doubt.
Alex Karapancev has years of expertise in criminal law and youth criminal cases. He has the skills and knowledge to analyze the evidence in your case and select the best course of action in court. He understands how to spot faults in the prosecutor’s case and how to reveal them to the judge. He also knows how to highlight the evidence that supports your innocence. Karapancev Law can help you with your case whether you live in Toronto, Brampton, Newmarket, or anywhere else in Ontario.