Youth Criminal Lawyer
Youth Law
Are you accused of obstructing justice while you are still a minor? With Riendeau Avocats, be reassured that one of our criminal lawyers will take charge of your case and do everything in their power to minimize the consequences of the charges brought against you, or even refute them.
Free Consultation
Questions or Comments? Write to us.
500+ Satisfied Clients
The Juvenile Court
Contrary to a common belief stemming from our neighbors to the South, adolescents are not, except in exceptional circumstances, tried as adults or detained with adults. There is, in fact, a youth division: the Court of Quebec, which handles only cases involving young people.
Thus, young offenders have their own justice system, which is distinct from that of adults. The Youth Division is present in all courthouses across the province, and our office practices in these various districts.
Types of Offenses and Sentences
Criminal responsibility applies to minors. The juvenile court handles all types of offenses covered in the Criminal Code. Thus, a teenager can be charged with murder, sexual assault, armed assault, etc. However, it is important to know that the objective of the YCJA (Youth Criminal Justice Act) is to promote the rehabilitation and social reintegration of adolescents who have committed offenses. Please be advised that the primary goal of our lawyers is to help you obtain the most lenient sentence possible.
Extrajudicial Measures
One of the major differences between the youth justice system and that of adults is that younger individuals can benefit from what is called “extrajudicial measures.” By “extrajudicial,” we mean outside of any formal judicial process. The purpose of extrajudicial measures is to hold adolescents accountable for their delinquent actions without going through the official judicial procedure. It is presumed that the implementation of extrajudicial measures is sufficient to hold adolescents accountable for their delinquent actions when it comes to non-violent crimes, even if they have previously been subjected to such measures or have been convicted of an offense. The goal of this program is to prevent future offenses. Let us handle your case to assess the possibility of using these measures, thereby helping you avoid a criminal record.
Defense
A criminal lawyer is the best tool at your disposal to guide you through the judicial process and assist with your decision-making related to your case, including determining whether to contest the charges in a trial or to enter a guilty plea. It’s important to know that a weakness in the prosecution’s evidence could allow us to negotiate a more lenient sentence for you or even have the charges dropped altogether. Don’t hesitate to contact us; our lawyers will answer all your questions and take charge of your case to analyze it thoroughly, enabling you to make an informed decision on the best course of action.
The Riendeau Avocats team is fully aware of the stress that legal proceedings can cause, which is why we encourage you to reach out to us. We will help you navigate this difficult time by providing personalized support and service.
Treat yourself to the best lawyers
to help you in this step
Minors and Criminal Records
Understanding the short and long-term consequences of a criminal charge on an adolescent.
In Canada, the youth justice system is governed by the Youth Criminal Justice Act (hereinafter, “YCJA”). An “adolescent” refers to anyone who is at least 12 years old but under 18 years old. The youth justice system particularly emphasizes rehabilitation and social reintegration rather than punishment. However, this does not mean that young offenders are free from all legal consequences.
A common question that arises is whether minors can have a criminal record.
When an investigation is initiated against an adolescent regarding the commission of a criminal offense and/or when charges are brought against an adolescent under the YCJA, a record is created. These records contain various pieces of information about the adolescent, including their name, date of birth, details of their apprehension, fingerprints, charges, and sentence.
The YCJA stipulates that youth records are generally confidential and, as such, are not accessible to the public in the same way as adult records. However, youth records can be retained by the police, courts, and other government agencies, but their accessibility is restricted.
Subsequently, after a period of time determined by law, the records of adolescents become inaccessible. This period depends on the specific circumstances of the adolescent and is not necessarily linked to reaching the age of 18.
It is important to note that these records are not considered a “criminal record” in the strict sense of the term.
However, even though youth records are not public criminal records, they can still have long-term consequences for young offenders. For instance, in certain circumstances, youth records might be used in future legal proceedings or when applying for jobs, education programs, or traveling abroad.
It is important to note that there are situations where adolescents could end up with a genuine criminal record.
Firstly, the Crown prosecutor may choose, during legal proceedings, to request that the Court subject a youth aged 14 and over to an adult sentence. The Court must be convinced that the criteria outlined in section 72(1) of the YCJA are met in order to grant this request. If the Court agrees to subject the youth to an adult sentence, the youth could then end up with a criminal record.
Secondly, another exception arises when a youth, who was convicted of a criminal offense during their adolescence, commits a new criminal offense after reaching adulthood during the period of access to the record of the first offense. In this case, the record, initially treated as a youth record, will now be considered an adult criminal record.
Conclusion
In summary, although the records of young offenders are generally not subject to the same rules as those of adults, they are not entirely free from legal consequences. It is essential for adolescents to understand their rights and responsibilities under the YCJA and to consult a lawyer with expertise in youth law to receive appropriate legal advice.
