Youth Criminal Defence
Protecting the Future of Young Individuals
When a young person is charged with a criminal offence, the implications can be profound and affect their education, employment prospects, and overall future. At Nihang Law, we are dedicated to providing comprehensive legal representation to youth facing criminal charges to ensure their rights are protected and their futures are safeguarded.
Understanding the Youth Criminal Justice Act (YCJA)
The YCJA governs the prosecution of individuals aged 12 to 17 who are accused of criminal offences in Canada. This legislation emphasizes rehabilitation and reintegration over punitive measures and recognizes that young people have a greater capacity for change. Key aspects of the YCJA include:
- Age-Specific Jurisdiction: Applies exclusively to individuals between 12 and 17 years old at the time of the alleged offence.
- Rehabilitation Focus: Prioritizes rehabilitative approaches to address underlying issues leading to criminal behaviour.
- Extrajudicial Measures: Encourages alternatives to formal court proceedings, such as warnings, cautions, and community programs.
- Privacy Protections: Ensures the confidentiality of youth records to prevent undue harm to their reputation and future opportunities.
Rights of Young Persons Under the YCJA
Youth have specific rights under the YCJA to ensure fair treatment:
- Right to Legal Counsel: Young individuals have the right to consult with a lawyer and, if necessary, have one appointed.
- Parental Notification: Parents or guardians must be informed promptly when a youth is arrested or detained.
- Appropriate Interrogation Procedures: Police must follow strict guidelines when questioning youth, including the presence of a parent or lawyer.
Potential Consequences and Sentencing
While the YCJA aims to avoid incarceration, certain circumstances may lead to more severe penalties:
- Extrajudicial Sanctions: Programs that allow youth to take responsibility without formal charges, often involving community service or counselling.
- Youth Sentences: If found guilty, youth may receive sentences tailored to rehabilitation, such as probation or attendance at rehabilitative programs.
- Adult Sentences: In rare cases involving serious offences, the Crown may seek an adult sentence, leading to more severe penalties.
Importance of Experienced Legal Representation
Navigating the youth criminal justice system requires specialized knowledge and sensitivity to the unique needs of young clients. An experienced youth criminal defence lawyer can:
- Advocate for Alternative Measures: Work to resolve matters through extrajudicial measures, avoiding formal charges.
- Protect Legal Rights: Ensure that the youth’s rights are upheld throughout the legal process.
- Develop Tailored Defence Strategies: Create defence plans that consider the youth’s background, circumstances, and potential for rehabilitation.
Why Choose Nihang Law?
Nihang Law is committed to providing personalized, strategic defence for young individuals facing criminal charges. We understand the complexities of the YCJA and work diligently to protect the rights and futures of our young clients. Contact us today for a confidential consultation.