If you are facing criminal charges as a youth, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
If you, or your son or daughter, have been charged with a youth offence, you are not alone. There are thousands of youth offences processed through the Ontario Youth Court each year.
The Youth Criminal Justice Act adopts all the offences of the Criminal Code, but the YCJA modifies the Criminal Code to make special rules for individuals aged 12 – 17. Essentially, youth are entitled to special treatment throughout the criminal process.
In youth court, there is a higher emphasis on rehabilitation, monitoring, and reintegration into the community. There are alternatives available to formal charges, or extrajudicial measures. These include warnings, police warnings, referrals to community programs, and punishments that don’t involve going to court, like community service or paying the victim back. Learn more about Youth Extra Judicial Sanctions.
Extrajudicial measures are designed to encourage young persons to acknowledge and repair the harm caused to the victim and the community. Extrajudicial measures do not result in a finding of guilt and do not result in a permanent criminal record.
However, a young person could receive an adult sentence in very rare cases of violent crimes.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help youth accused of criminal offences beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (647) 986-8077 or book a free consultation.
Key Takeaways
- Thousands of youth offences are processed through Ontario Youth Court each year
- The Youth Criminal Justice Act (YCJA) applies to individuals aged 12-17 with special rules and treatment
- Youth court emphasizes rehabilitation, monitoring, and community reintegration over punishment
- Extrajudicial measures are available as alternatives to formal charges (warnings, community programs, community service, restitution)
- Detaining a young person is only done as a last resort, and courts must look at all reasonable options before giving a custody sentence
- Youth records are sealed or destroyed after a certain amount of time, usually three to five years after the sentence is over
- Young people have more legally protected rights, such as the right to have a parent or guardian with them when they are being questioned and stronger protections for their right to a lawyer
How can a youth criminal defence lawyer in Toronto help?
Before any official charges are brought, our team can give teens and their families important advice. We can advise youth clients when they are being questioned by police and can exercise their right to stay silent, rather than unintentionally providing unnecessary information which can be used against them.
We work closely with parents and guardians to make sure that everyone is on the same page during the legal process. Our lawyers know a lot about useful types of evidence for youth cases, like school records and proof of family support.
The rules and procedures for youth court are not the same as those for adult criminal court. Our lawyers know how to engage with diversion programs and follow rules of special youth courts.
Examples of Youth Criminal Offences
Here are some offences which could lead to youth charges:
- A high school student is arrested for possession of a controlled substance after he is caught with ketamine at a party. The court decides he must attend drug education and counselling regularly for 6 months. After finishing this diversion program, the charges are dropped.
- A group of 14–16-year old’s break into a convenience store at night and steal candy, causing damage and theft costing $3,000. They are caught on security cameras and charged with breaking and entering, a form of property crime. They go through the formal youth court process and the judge gives him six months of supervised probation and 50 hours of community service.
- A 17-year-old hits his teacher in the face at school and is charged with assault. He is required by the court to attend anger management classes, write an apology letter to his teacher, and complete 30 hours of community service. The charges are dropped once he completes these requirements.
Consequences of a Youth Criminal Charge
The Youth Criminal Justice Act (YCJA) makes a different system that focuses more on helping teens between the ages of 12 and 17 change their behaviour than on punishing them.
The justice system often tries to keep teens and young adults out of court, especially if it’s their first time or a crime that doesn’t involve violence.
Instead of going to trial, they do this with warnings, police warnings, or community programs. Judges must think about all reasonable options before deciding on custody or fines.
Three to five years after a minor’s file is finished, their records are usually sealed or destroyed. This goes along with the YCJA’s goal of letting young people learn from their mistakes without having to deal with the effects for the rest of their lives.
Youth Offence Defences
Here are some defences that might apply to youth offences in different situations:
- The YCJA offers young people more rights than solely the Charter. If these special rules are not followed, charges might be dropped or evidence might not be used.
- The YCJA says that fair and proportionate accountability is needed. This means that it is against the purpose of the act to bring formal charges if the charge is not proportionate to the offence.
- Age and stage of development can be a strong defence for teens and young adults who are being charged with an offence. This defence depends on whether the young person was mentally capable of having the criminal intent (mens rea) needed for the crime.
Youth Criminal Charge Investigation
When someone calls the police about a possible crime involving a young person, the police will decide if they can settle the case informally without filing formal charges. Instead of pressing charges, the police can issue warnings, send the young person to community programs, or require that they write letters of apology.
The police write a report for the Crown prosecutor if they think they have enough evidence to file formal charges. The prosecutor will also then decide if it would be better to redirect this case out of the court system.
Bail Conditions for Youth Criminal Charges
The police usually release a young person to their parents or guardians when they are charged with a crime, especially if it is their first time or nonviolent offence.
The Youth Criminal Justice Act says that keeping a young person in custody should only happen in very serious cases where there is no other reasonable way to keep the public safe.
If a youth is in custody, their specific situation will change their bail conditions. However, in general, every young person who is out on bail must go to all of their court dates, live with an adult that the court has approved, and they can’t talk to any of the people who are victims or witnesses in their case.
