Young Offenders Defense
Definition Of Youth Offender
Young offenders, according to The Youth Criminal Justice Act, are individuals under 18 facing criminal charges. In Canada, individuals under the age of 12 cannot be convicted of a criminal offense.
Kostman & Pyzer has over 35 years of experience defending youth facing criminal offense charges. We have a great record of success dealing with criminal allegations against young offenders.
The attorneys at Toronto Defence Lawyers have represented youth charged with a wide array of criminal offenses, including:
- Sexual assault
- Assault with a weapon
- Break and enter
- Trafficking and possession of narcotics
- Dangerous driving
- Failure to comply with a recognizance or probation order
Our goal is the successful resolution of our clients’ cases without a conviction. We apply our uncompromising defence strategies and extensive experience to ensure that our young clients avoid a criminal record.
We understand the obstacles that young people facing criminal allegations face, and the way that a criminal record may hurt their future.
Charged? Consult an Experienced Young Offender Lawyer
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Our criminal defense lawyers are prepared to use their expertise to defend our youth clients who run into problems with the law, and to pursue every viable option to protect our clients’ interests.
We use our network in Ontario to ensure that individuals facing criminal allegations have all of the support services they require should they face trial.
How to Avoid a Criminal Record as a Young Offender?
A criminal defense lawyer experienced in defending young offenders can help you or your family member avoid a youth criminal record.
The Youth Criminal Justice Act (YCJA) sets out how youth ought to be treated and recognizes a number of principles that distinguishes them from the prosecution of adult offenders.
At Pyzer Criminal Lawyers, Barrister we understand that in recognition of young offenders psychological vulnerability, criminal trials involving youth are expected to be resolved as swiftly, without incurring a significant delay.
The YJCA also acknowledges that youth are not to be treated as morally responsible as adults, and thus is more focused on rehabilitation than punishment.
For this reason, it enlists community organizations, parents and guardians to help young offenders get back on track.
These principles are also reflected in the sentencing of young offenders. In most cases, the YCJA encourages the informal resolution of cases unless a serious crime has been committed.
Often youth matters will be resolved through community service, counselling or educational programs. Pyzer Criminal Lawyers works towards these kinds of resolutions for youth, even those charged with violent crimes.
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The YCJA also affords youth special rights and legal protections. For instance, all of the statements made by young offenders are protected under the YJCA to ensure that they are made voluntarily.
Often, a young person or guardian is forced to admit guilt or wrongdoing as a condition for receiving a more lenient sanction.
Parents, guardians, and youth must be vigilant in any scenario involving the admission of guilt, especially when it is made in exchange for less severe punishment.
The promise of extrajudicial sanctions and reduced sentence should under no circumstances be leveraged to pressure a young person in a guilty plea to an offense they did not commit.
Under the YCJA, if a young person is denied legal aid, they may be able to obtain a court order for a Legal Aid certificate to hire a lawyer to defend them.
Finally, the YCJA is not just focused on accountability, it also emphasizes rehabilitation and reintegration into society.
This means that the YCJA seeks to address the underlying behavior, pre-existing conditions or circumstances that led to the offense in the first place.
Community agencies, schools and parents often play a part in such rehabilitation.
Youth offenders also have the right to counsel and Pyzer Criminal Lawyers, Barrister can best ensure that their rights are protected.
Bail For Young Offenders In Toronto
Young offenders are presumed to be eligible for bail in all but a few exceptional cases. In more serious cases, after being arrested of a criminal offense and arrested by the police, the youth accused may be held for a bail hearing.
At Pyzer Criminal Lawyers we can best ensure that the youth accused is released from custody at their bail hearing and on the least restrictive terms possible.
Sentencing For Young Offenders In Toronto and Greater Ontario
According to The Youth Criminal Justice Act, jail time should be a matter of last resort and is only appropriate in the most serious criminal cases.
The preamble of the Act recognizes this when it acknowledges “the over-reliance on incarceration for non-violent young persons.” Young offenders should only serve jail time if their charges are of extreme and/or involve violence.
In Youth Court, a judge has a wide variety of tools at their disposal. They may issue a simple reprimand or warning, and in more serious cases, recommend custody or a jail sentence.
Many cases are resolved by diversion, recommending counseling or community service.
How Pyzer Criminal Lawyers Works to Protect the Rights of Young Offenders
At Pyzer Criminal Lawyers, we advocate on behalf of our young clients to ensure that they are treated fairly and that their rights are protected.
We will use our extensive expertise to ensure that cases involving young persons are resolved quickly and efficiently and that their legal rights are respected.
Our firm has extensive resources at our disposal both within the legal system and within the social services community to ensure that our young clients’ needs are met.
We work to achieve a resolution which will benefit the client and their families positively.
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Our aim is that custody or jail be considered by the Court only as a matter of last resort.
At Pyzer Criminal Lawyers, we realize that a criminal allegation has very significant implications on the psychological health and well-being of young people, their communities, and their families.
For example, a young client may be forced to change schools and deal with other peer-related dynamics, placing them under considerable stress.
There is also the burden of the criminal allegation itself, which involves court appearances, bail restrictions, and wait-times, all of which can increase the level of uncertainty in a clients’ life.
Our objective, first and foremost, is to avoid a criminal record for the young client.
To achieve this, 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.
Pyzer Criminal Lawyers has a strong reputation in the criminal law community for integrity and aggressive advocacy.
This reputation works to the benefit of our clients 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!
The Youth Criminal Justice System
The youth justice system is intended to protect the public by (i) holding young persons accountable through measures that are proportionate to the seriousness of the offense and the degree of responsibility of the young person, (ii) promoting the rehabilitation and reintegration of young persons, and (iii) supporting the prevention of crime by referring young persons to community programs and agencies to address the circumstances underlying their offending behaviour.
The youth justice system is distinct from the adult system and must be based on the principle of diminished moral blameworthiness or culpability.
The youth justice system must reflect the fact that young people lack the maturity of adults.
The youth system is different from the adult system in many respects: measures of accountability are consistent with young persons’ reduced level of maturity, procedural protections are enhanced, rehabilitation and reintegration are given special emphasis, and the importance of timely intervention is recognized.
Young persons are to be held accountable through interventions that are fair and proportionate to the seriousness of the offense.
Within the limits of fair and proportionate accountability, interventions should reinforce respect for societal values; encourage the repair of harm done; be meaningful to the young person; respect gender, ethnic, cultural and linguistic differences; and respond to the needs of Aboriginal youth and people with special requirements.
Youth justice proceedings recognize that young persons have rights and freedoms in their own right and special guarantees of these rights and freedoms; courtesy, compassion, and respect for victims; the opportunity for victims to be informed and to participate; and that parents be informed and encouraged to participate in addressing the young person’s offending behavior.
Toronto’s Most Experienced Young Offender Lawyers
One of our experienced young offender criminal defense lawyers can significantly improve the chances of having the charges against the young accused withdrawn or acquitted.
With Pyzer Criminal Lawyers you will be represented by a skilled practitioner with significant experience defending young offender allegations.
At Pyzer Criminal Lawyers, we are experienced and skilled criminal lawyers practicing criminal law in Toronto and the Greater Toronto Area.
Making a full answer and defense to your or your families criminal charges is our highest priority.
The youth criminal justice system can be a confusing and scary place for young people facing criminal charges and their families. Let us guide you through the process.
We provide a free consultation and will discuss how to get the best possible results for your case.
Know your rights! If you, your child, family member or friend are charged criminally do not delay in contacting us.
Call us today at (416) 658-1818
If you are charged with a crime in the GTA, Contact Pyzer Criminal Lawyers