YOUNG OFFENDERS
The Youth Criminal Justice Act governs the alleged criminal actions of all young persons who are younger than eighteen years of age. The law firm of Kostman and Pyzer, Barristers, has a great deal of experience representing young persons. We have had a very high rate of success dealing with criminal allegations against young persons. We have represented young persons charged with all types of criminal offences including robbery, assault, sexual assault, assault with a weapon, break and enter, trafficking and possession of narcotics, dangerous driving, theft, fraud and failure to comply with a recognizance or probation order. As always, our goal is the successful conclusion to every case. We will apply our uncompromising defence strategies and extensive resources to ensure that our young clients avoid a criminal record as a result of being charged with a criminal offence. We understand how important it is to a young person’s future that they not be prejudiced by a criminal record of any kind.
Young persons have many rights and protections that are afforded to them alone and not to adult accused persons. For example, the right of a young person to a speedy trial is viewed as having greater urgency than the same right of an adult accused person. This is due to a heightened sensitivity for the psychological health of the young person and the disruptive force of a criminal allegation in their lives. Young persons also have extensive protection to ensure that all statements or utterances made by them are voluntarily and that their right to have access to counsel is respected. Young offenders are presumed to be eligible for bail in all but a few exceptional cases. According to The Youth Criminal Justice Act, custody (jail) is a consequence of last resort, and only available in the most serious cases. The preamble of the Act declares its philosophy, including an attempt to reduce “the over-reliance on incarceration for non-violent young persons”.
At Kostman & Pyzer, Barristers, we aggressively advocate on behalf of our young offender clients to ensure that they are treated fairly and that their rights are protected. We will use our extensive resources to ensure that young persons are dealt with expeditiously, that they are brought to trial in a reasonable time, and that their legal rights are respected. Our law firm has extensive resources at our disposal both within the legal system and within the social services network to ensure that our young clients’ needs are addressed. We will work to achieve a resolution of the case which will benefit the client and their families in a positive way, and ensure that custody be considered by the Court only as a last resort.
At Kostman and Pyzer, Barristers, we realize that a criminal allegation has very significant implications to the psychological health and well-being of a young person and their families. The young client may be forced to change schools and deal with other peer related dynamics. There is also the burden of the criminal allegation itself, which involves court appearances, bail restrictions and the prospect of the possibility of unknown consequences. These consequences may vary from diversion, formal and informal, to dispositions which are more serious. In Youth Court, a judge has a wide variety of consequences at their disposal, from a simple reprimand or scolding to a custodial or jail sentence.
Our objective is to avoid a criminal record for the young client. To achieve that end, we are prepared to negotiate with the Crown Attorney so that the charge is withdrawn, and, if the negotiations are unsuccessful, conduct a contested trial. Kostman and Pyzer, Barristers, has a strong reputation in the criminal law community for integrity and aggressive advocacy. This reputation works to the benefit of our clientele when we negotiate on their behalf with the Crown Attorney’s office, and when we appear for a young person in Court.
We can make a difference!
