Youth crime in Alberta has become a growing concern for many parents. When a young person is charged with a crime, it can be a confusing and stressful experience for the entire family.
The legal system treats youth offenders differently than adults, but that doesn’t mean the consequences are less serious. Understanding the legal process and how to protect your child’s future is critical.
In Canada, the Youth Criminal Justice Act (YCJA) governs how youth between the ages of 12 and 17 are treated when charged with a crime. The YCJA focuses on rehabilitation rather than punishment aiming to give young people the opportunity to learn from their mistakes without carrying the burden of a criminal record for life.
However, navigating the legal system can be challenging. This is why hiring an experienced youth criminal lawyer in Edmonton is essential. A lawyer can guide you through the process ensuring that your child’s rights are protected and that they receive the support they need for a positive outcome.
The Youth Criminal Justice Act (YCJA)
The Youth Criminal Justice Act (YCJA) is a Canadian law that governs how youth between the ages of 12 and 17 are treated when they are charged with a crime. This act is specifically designed to address the unique needs of young offenders, recognizing that youth are still developing emotionally and mentally and that they deserve a second chance to turn their lives around.
One of the key differences between the YCJA and adult criminal law is the focus on rehabilitation rather than punishment.
While adult criminal law often aims to deter crime through penalties like imprisonment, the YCJA prioritizes helping young offenders understand the consequences of their actions and reintegrate into society. The idea is to offer them guidance and support rather than harsh punishment, so they can avoid further involvement with the justice system.
Common types of crimes committed by youth include theft, vandalism, minor drug offences, and assault. The YCJA deals with these crimes by encouraging alternative measures such as community service, counselling, and educational programs, whenever possible.
This approach helps young offenders take responsibility for their actions without facing the long-term impact of a criminal record.
In more serious cases such as violent crimes, the YCJA allows for more formal court proceedings, but even then the goal is to focus on rehabilitation. The court may issue sentences like probation, attendance at rehabilitation programs, or placement in a youth detention centre depending on the severity of the offence.
What Happens When A Youth Is Charged With A Crime?
When a youth is charged with a crime, the process begins with an arrest by the police. The police may issue a warning or a caution or they may formally charge the young person, depending on the seriousness of the crime.
In some cases, the youth may be held in custody until a bail hearing, where a judge will decide whether they can be released under specific conditions or must remain in detention.
Once the youth is charged, they will receive a court date. The court process is designed to be more flexible than adult criminal proceedings often allowing for alternative resolutions that focus on rehabilitation.
During this process, a youth criminal lawyer in Edmonton can play a critical role in ensuring the young person’s rights are respected and that they receive fair treatment.
The role of the police, probation officers, and the court system is to work together to ensure that the youth is treated fairly while also addressing the crime. Police officers are responsible for the initial investigation and arrest while probation officers may be involved if the youth is given probation as part of their sentence.
The court system guided by the YCJA will decide the appropriate legal outcome.
Youth offenders have specific rights under the YCJA including the right to legal representation, and this means they have the right to consult with a lawyer at any stage of the process during questioning and court appearances.
Having a youth criminal lawyer in Edmonton is essential to ensure the youth understand their rights and options, and that they are treated fairly by the justice system.
Additionally, young offenders have the right to have their parents or guardians present during legal proceedings ensuring family support throughout the process.
By understanding how the youth justice system works and securing the right legal help, young offenders and their families can navigate this challenging situation with greater confidence and better outcomes.
The Importance Of Legal Representation For Youth Offenders
When a young person is charged with a crime, having a youth criminal lawyer in Edmonton is crucial for working through the complex legal system. The legal process can be confusing and overwhelming, especially for young offenders who may not fully understand the implications of the charges they face.
A skilled lawyer will guide the family through every step of the process ensuring the young person’s rights are protected and advocating for the best possible outcome.
A youth criminal lawyer plays a key role during police questioning and court appearances. They ensure that the young offender is treated fairly and that their rights, as outlined in the Youth Criminal Justice Act (YCJA) are respected.
For example, a lawyer can prevent a child from being coerced into making statements without fully understanding the consequences. During the trial, the lawyer can present evidence and arguments to minimize penalties or push for rehabilitation-focused outcomes such as community service or participation in counselling programs rather than more punitive measures like detention.
Additionally, a lawyer’s involvement often results in reduced penalties. By negotiating with the prosecution, a youth criminal lawyer can help divert the young offender to alternative programs or seek conditional discharges which focus on rehabilitation and provide growth opportunities rather than long-term punishment.
This approach not only helps the young person avoid harsh penalties but also allows them to learn from their mistakes in a supportive environment.
Potential Consequences For Youth Offenders
While the Youth Criminal Justice Act (YCJA) focuses on rehabilitation, youth offenders may still face a range of penalties depending on the nature and severity of their crime. Some of the most common consequences include:
- Community Service: Young offenders may be required to complete a certain number of community service hours as part of their sentence. This allows them to give back to the community while learning accountability.
- Probation: In many cases, youth offenders are placed on probation. This means they must follow certain rules, such as attending school, meeting with a probation officer, or participating in counselling. Failure to follow these rules can result in more severe penalties.
- Youth Detention: For more serious offences, the court may sentence a young offender to a youth detention centre. However, even in these cases, the emphasis is often on rehabilitation, with educational and counselling programs being provided as part of the detention experience.
A youth criminal record can have long-term consequences, affecting a young person’s ability to pursue higher education, gain employment, or travel. Some colleges, universities, and employers conduct background checks, and a criminal record could limit opportunities in the future.
Fortunately, the YCJA recognizes that young people can change and it provides mechanisms for record sealing or expungement. Once the sentence is completed, and the young person has demonstrated good behaviour, their record can be sealed, preventing it from appearing in future background checks.
This is a crucial step in giving youth offenders a fresh start and helping them move forward with their lives.
How Parents Can Support Their Child During the Legal Process
Parents play a vital role in supporting their children during the legal process. Here are some practical ways parents can help:
- Provide Emotional Support: Being charged with a crime can be a traumatic experience for a young person. Parents need to offer emotional support, listen to their children, and reassure them that they will get through this difficult time together. Remind your child that mistakes can be a learning opportunity, and the family will work together to resolve the situation.
- Understand the Legal Process: The legal process can be confusing for both parents and their children. Parents need to stay informed about each step of the case. Work closely with your youth criminal lawyer in Edmonton to understand what to expect during court appearances, probation hearings, and potential sentencing to ensure that both you and your child are prepared for what’s ahead.
- Communicate Clearly and Openly: Maintain open lines of communication with your child. Encourage them to ask questions and express their concerns. It’s also crucial to maintain clear communication with your lawyer to stay updated on the progress of the case.
- Work Closely with the Lawyer: A close working relationship between parents and the lawyer can make a significant difference in the outcome of the case. Your lawyer will guide you through the process ensuring that your child’s rights are protected and advocating for the most favourable result. By working together, parents and lawyers can focus on rehabilitation and minimize the long-term impact of the charges.
By offering emotional support and staying actively involved in the legal process, parents can help their children navigate this challenging time and ensure that they have the best chance for a positive outcome.
About Daryl Royer
Daryl Royer is a dedicated criminal lawyer in Edmonton with extensive experience in defending young offenders. He is committed to providing personalized legal representation that focuses on rehabilitation and protecting the rights of youth. Daryl works closely with families to ensure the best possible outcomes and help young people move forward with their lives.
Is your child facing criminal charges? Contact Daryl Royer today for expert legal defence and guidance in Edmonton.