Youth Criminal Defence Lawyer in Winnipeg

If you or your loved one is between the ages of 12 and 17 and has been charged with a criminal offense, it’s important to understand the unique legal considerations and protections afforded to youth under the Youth Criminal Justice Act (YCJA). As an experienced youth criminal defense lawyer, I am well-versed in the YCJA and dedicated to providing comprehensive legal representation for youth in the criminal justice system.

Youth Crimes and the Youth Criminal Justice Act (YCJA)

The YCJA sets out special rules and procedures for youths in the criminal justice system, recognizing their immaturity and vulnerability. Some of the ways youth are treated differently than adults include:

1. Right to legal counsel: When arrested, youth have the right to have a guardian or legal counsel present during police questioning. A youth is entitled to have a lawyer at all stages of the process, and will have one appointed if they cannot afford one.
2. Bail considerations: The grounds for denying a youth bail are more onerous for the Crown to meet compared to adults. Youth are entitled to have their bail applications heard at the Manitoba Youth Centre.
3. Publication bans: Youth’s names or any other information that would identify them cannot be published during or after the case.
4. Sentencing considerations: When being sentenced, the judge is required to take into account the reduced level of maturity and capacity for moral judgment of youth. The purpose of sentencing a young person is to hold them accountable for the offense while promoting their rehabilitation and reintegration into society. A youth sentence cannot be a greater punishment than an adult would receive for the same offense committed in similar circumstances.
5. Youth criminal records: There are special rules regarding how long youth criminal records can be accessed.

Many criminal defense attorneys do not accept youth cases. It is important have a lawyer familiar with the YCJA and an understanding of the additional protections youth receive under the law.

Youth Sentencing and Diversion Options

Under the YCJA, a wide range of sentences is available for youth crimes, and jail sentences are reserved for specific circumstances. In fact, the focus of the youth justice system is on rehabilitation, and often charges can be diverted outside the court process for resolutions through extra-judicial measures. This may involve the youth taking responsibility for their actions, attending counseling or mediation, and completing community service work hours.

However, in cases involving serious violent offenses, the Crown may seek to have the youth sentenced as an adult. In such cases, the court must be satisfied that a youth sentence is not sufficient to hold the youth accountable.

Defending Youth Crimes

As a skilled youth criminal defense lawyer, I will thoroughly review your case to identify any legal issues and available defenses. I work collaboratively with parents and guardians throughout all stages of the court process, providing personalized and effective legal representation for youth in Winnipeg.

In Winnipeg, out of custody youth matters normally appear at the Winnipeg Law Courts at 408 York Avenue. For youth in custody, their matters appear at the Manitoba Youth Centre at 170 Doncaster Street. Youth bail application are typically heard at the Manitoba Youth Centre.

Related Youth Crimes Topics

1. How do youth criminal records work?
2. The Youth Criminal System in Canada: What Parents Need to Know