Youth offenses are handled differently under Canadian law, focusing on rehabilitation and reintegration rather than punishment. If your child is facing criminal charges, it is crucial to understand the Youth Criminal Justice Act (YCJA) and seek experienced legal representation to protect their future.

What is the Youth Criminal Justice Act (YCJA)?

The YCJA applies to individuals between the ages of 12 and 17 who have committed an offense. The Act emphasizes rehabilitation and reintegration, aiming to help young offenders become responsible and productive members of society. Under this Act, youth are entitled to the same rights as adults under the Canadian Charter of Rights and Freedoms, including the right to legal representation.

Key Principles of the YCJA:

  • Rehabilitation and Reintegration: Focus on helping youth reintegrate into society.
  • Fair and Proportionate Accountability: Ensuring that the consequences are appropriate to the offense.
  • Protection of the Public: Balancing the needs of the young person with the safety of the community.
  • Respect for Rights: Upholding the rights of young persons, including their right to a lawyer.

Types of Offenses Under the YCJA

Youth offenses are categorized into three main types, each with varying levels of severity and consequences:

  1. Serious Offenses: These include theft, driving offenses, and weapons charges. While serious, these offenses often result in less severe penalties compared to violent crimes.
  2. Violent Offenses: Defined as actions that attempt to cause bodily harm or threats affecting someone’s safety. Examples include assault and certain types of threats.
  3. Serious Violent Offenses: The most severe category, including manslaughter, attempted murder, aggravated sexual assault, and murder. These offenses carry the harshest penalties.

Legal Process for Youth Offenses

The legal process for youth offenses includes several stages, each designed to ensure the young person receives fair treatment and appropriate legal advice.

  1. Investigation and Charge: Upon being charged, the young person is entitled to remain silent and must be informed of their right to a lawyer.
  2. Court Proceedings: The youth court will review the evidence and ensure the young offender understands the charges and possible consequences. The prosecutor will present disclosure, which includes witness statements, video evidence, and police reports.
  3. Sentencing: If the young person pleads guilty or is found guilty, the court considers various sentencing options aimed at rehabilitation. These options include:
  • Reprimand: A stern warning from the judge.
  • Absolute or Conditional Discharge: Clearing the youth’s record after a set period.
  • Probation: Court-ordered supervision and conditions.
  • Restitution: Compensation for damages caused.
  • Deferred Custody: Similar to house arrest.
  • Open Custody: Placement in a youth facility with less stringent conditions.
  • Secure Custody: Placement in a more restrictive youth facility.
  1. Extrajudicial Sanctions (EJS): In some cases, the young person may be offered EJS, which involves completing a program to take responsibility for their actions without acquiring a criminal record.

Importance of Legal Representation

Navigating the youth criminal justice system is complex, and having a knowledgeable lawyer such as Gary Batasar is essential. An experienced Youth Offenses Lawyer can ensure the young person’s rights are protected, help them understand the legal process, and work towards the best possible outcome.

Why Choose Gary Batasar:

  • Expertise: Gary Batasar has extensive experience in defending youth cases.
  • Client-Centered Approach: He prioritizes the young person’s needs and provide full transparency throughout the legal process.
  • Comprehensive Defense: Gary Batasar works closely with families to develop the best defense strategy and support the young person through each step of their case.

Contact Gary Batasar: If your child is facing criminal charges, do not navigate the system alone. Contact experienced Youth Offenses Lawyer Gary Batasar immediately for a consultation. He is committed to providing the best legal representation and ensuring your child’s future is protected.