Youth Criminal Defence Lawyer in Calgary
Youth Criminal Offence Charges
If you are between the age of 12 and 17 and have been charged with a crime, your case will be handled under the Youth Criminal Justice Act (YCJA). Although the list of offences is the same for youths as it is for adults, special rules apply to youths. The Youth Criminal Justice Act sets out numerous rules and guidelines in how courts should deal with young persons.
You have the right to a lawyer, even if you cannot afford one.
Because people under 18 have not fully matured and are more dependent on others for their well-being than adults are, they are entitled to special treatment at all stages of the criminal process, including:
- Getting bail;
- Ensuring they have a lawyer represent them at all important stages of their case;
- Receiving a fair trial;
- Ensuring that your name cannot be published at any stage during or after the case;
- Requiring the police to comply with special rules before taking a statement;
- Receiving a fair and just sentence that takes into account their reduced level of awareness and responsibility; and
- Limitations on how long their criminal record can be accessed.
We will review your case thoroughly and can identify any police misconduct you may have suffered during the investigation. We will ensure you get the full benefit of all your special rights at every stage of your case, from getting released from custody, to getting a fair trial, to ensuring any sentence you may receive is as minor as possible, and emphasizes your chances at becoming a good member of society.
Under the YCJA, the judge must ensure that your punishment accomplishes two goals:
- It holds you accountable for your actions;
- It encourages your rehabilitation and reintegration into the community.
There are a large array of potential sentencing options available to the judge, and it is very important that you have an experienced lawyer when the time comes to be sentenced. We will make every effort possible to ensure that the sentence is individually tailored to your personal circumstances, and is no stricter than what is absolutely necessary.
The maximum jail sentence you can receive as a Young Person is typically much lower than an adult would be subject to.
In serious violent cases, the Crown can ask the Judge to give you a sentence as high as that which an adult would receive; this is called an “Adult Sentence”. We can work for you to persuade a judge not to do this in appropriate cases.
Common sentences include anyone, or a combination of the below options:
- The Judge scolding you for what you did;
- An absolute discharge;
- A discharge on conditions;
- A fine not exceeding $1000;
- An order that you pay someone back if you damaged their property;
- An order that you perform personal services for anyone who was a victim of your crime;
- An order that you perform community service hours;
- An order that you not possess any weapons;
- An order of probation for a maximum of two years;
- An order that you enter into a treatment program (if you have addictions or mental health issues);
- A jail sentence that you are allowed to serve in the community;
- A jail sentence that will be delayed to see if you behave yourself for a certain period of time;
- A jail sentence.
Some of the benefits of being charged as a youth as opposed to an adult apply if you chose to accept responsibility for the offence. Specifically, you are more likely not to receive a criminal record, and you are more likely to receive a lesser sentence if convicted. It is quite common for youth matters to be diverted out of the criminal process into a program called extra-judicial sanctions. If you decide to go to court on your own and are not eligible for the program, effective legal representation could still result in you being accepted.
Procedurally, you should keep in mind that you must come to the first court appearance in person, and usually it is preferred if a responsible adult accompanies you there. Your lawyer will be able to make further appearances for you without you being present, but you must fill out a special form allowing this to happen.
Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.
Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.
Laura Bobyn my lawyer was amazing and so supportive of my case and me. She fought with Tenacity to get my victory. It was amazing to hear how knowledgeable and how her attention to every little detail of my case was shown in her defence! She is the best and I would recommend her to anyone of my colleagues or people in my life! Thank you, Laura!
This law firm is your go-to!
I had the pleasure of working and trusting my case with Joseph Beller. I had 2 counts against me, and in the end, Joseph was able to present and use his “fighter skills” in court to have my charges lowered to a conditional discharge. On top of this, this firm follows its mission values statement by being ethical, transparent, available, and very friendly. Joseph and his team treated me with the utmost respect from start to finish. Thank you again, Joseph! I hope to never call you again 😊
Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.