Young Offenders

In Canada, young offenders refer to youths between the ages of 12 and 17 who have been charged with a criminal offence. The Canadian youth justice system aims to rehabilitate young offenders rather than punish them. This recognizes that youths have the potential to change and become productive members of society. The youth criminal justice system in Canada is designed to be different from the adult criminal justice system. A criminal lawyer who is an experienced youth criminal lawyer plays a vital role in ensuring that young offenders receive fair and just treatment within the youth criminal justice system. An experienced youth criminal lawyer can provide legal advice and representation to young offenders who are facing criminal charges, ensuring that their rights are protected throughout the legal process.

At Kraska Law, our team of highly experienced youth criminal lawyers are led by Robert Kraska, a former Federal and Provincial Crown Attorney, and founder of Kraska Law. In addition to defending young offenders, Robert also has experience prosecuting young offenders. Robert Kraska turns that prosecution experience into a defence advantage. He and the team at Kraska Law have the knowledge to expertly guide young offenders through the Court process, and structure the best defence. At Kraska we will work to be the best young offender lawyers for your case.

IF YOU HAVE BEEN CHARGED WITH A CRIME AS A YOUTH, CONTACT ONE OF OUR HIGHLY EXPERIENCED YOUNG OFFENDER LAWYERS IMMEDIATELY!

The Kraska Law Advantage

At Kraska Law our experienced young offender lawyers treat every case with the same high level of care. The Canadian Charter of Rights and Freedoms provides all persons, including young offenders, charged with criminal offences a number of rights which include:

• The right to retain and instruct counsel without delay;
• The right to be presumed innocent; and
• The right to a fair trial.

At Kraska Law our top-rated Young Offender Lawyers work to uphold these rights by offering fair and accessible representation in all facets of your Young Offender case. Our clients choose, and recommend, Kraska Law because we offer:

What is the Youth Criminal Justice System?

The Youth Criminal Justice System addresses youths between the ages of 12 and 17 who have been charged with criminal offences. These persons are referred to as young persons, or young offenders. If you are a youth, charged with a criminal offence in Canada, you obtain certain protections under the Youth Criminal Justice Act. 

One of the key features of the Youth Criminal Justice Act is the principle of proportionality. The principle of proportionality means that the punishment should be proportionate to the severity of the offence and the young offender’s level of responsibility. The Youth Criminal Justice Act recognizes that young offenders are still developing and may not fully understand the consequences of their actions. Therefore, the punishment should be appropriate to the young offender’s level of development and understanding.

Another key feature of the Youth Criminal Justice Act is the emphasis on rehabilitation over punishment. The Youth Criminal Justice Act recognizes that young offenders have the potential to change and become productive members of society. Therefore, the system aims to address the root causes of offending behavior and provide young offenders with the support they need to make positive changes when moving forward in their lives. The Youth Criminal Justice Act also recognizes that young offenders are often better served by community-based sentences rather than incarceration. Jail is not even available as a penalty for many offences committed by young offenders. Where it is available, jail is seen as a sort of last resort when sentencing a young offender. An experienced youth criminal lawyer will be able to guide the youth through the youth criminal justice system, and ensure that their rights are protected every step of the way.

The Youth Criminal Justice Act has several important provisions that govern the youth justice system in Canada. One of the key provisions is the requirement for the police to consider alternative measures before laying charges. Alternative measures are programs or interventions that allow young offenders to take responsibility for their actions and make amends without going through the formal court process. Alternative measures may include things like:

• Mediation; 
• Restitution (paying back money for damages); or 
• Community service.

The use of alternative measures allows the system to address minor offences without resorting to formal court proceedings, which can be time-consuming and costly.

Another important provision of the Youth Criminal Justice Act is the requirement for the court to consider the best interests of the young person. This is an important distinguishing factor when comparing cases involving young offenders to cases involving adult offenders for the same charge. The best interests of the young person are the primary consideration in all decisions made under the Youth Criminal Justice Act. Our experienced youth criminal lawyers will ensure that the Court will take a holistic approach to the rehabilitation and reintegration of the young offender into society.

Our youth criminal lawyers are highly experienced in dealing with young offenders. Our experienced young offender lawyers will ensure that the young person is fully informed about their rights and the legal process. Many young offenders may not fully understand the legal system, and an experienced young offender lawyer can explain the charges, the legal process, and the potential consequences of being found guilty in a way that is easily understandable to the young person. This can help the young person make informed decisions about how to proceed with their case.

Impact of Sentencing for Young Offenders

The potential penalties for young offenders can extend far beyond the Order in the Courtroom. At Kraska Law, our experienced young offender lawyers, can ensure that the young person is aware of all the potential consequences they face, even those outside of the Courtroom.

There are five specific goals of sentencing under the Youth Criminal Justice Act:

Our team of experienced young offender lawyers will ensure you understand that the Youth Criminal Justice Act recognizes that the traditional criminal justice system for adults may not be the most effective way to address the needs of young offenders. The Youth Criminal Justice Act emphasizes the importance of community-based programs and services that can provide young people with the support and resources they need to make positive changes. Our experienced young offender lawyers will ensure that you are aware of all of your options, at every step of the way. Our team of experienced youth criminal lawyers will inform you of any available programs, and paths towards having your charges dropped. We will always strive to be the best young offender lawyer for you!

Youth Criminal Records

Access to youth criminal records in Canada is governed by the Youth Criminal Justice Act and the Criminal Records Act. The Youth Criminal Justice Act sets out the rules and procedures for dealing with young persons who commit criminal offenses, while the Criminal Records Act governs the storage and disclosure of criminal records in Canada. 

Under the Youth Criminal Justice Act, a young person’s criminal record is sealed and cannot be disclosed except in limited circumstances. The Youth Criminal Justice Act recognizes that young persons who have been involved in the criminal justice system may face significant barriers in their future lives and that their criminal record should not be used to unfairly limit their opportunities. Our experienced youth criminal lawyers will be able to explain how those circumstances apply to your case.

Generally, access to a young person’s criminal record is restricted to the following persons or organizations:

• The young person: A young person has the right to access their own criminal record and to request a copy of it.
• Parents or guardians: If the young person is under the age of 18, their parents or guardians may have access to their criminal record with the young person’s consent.
• Law enforcement agencies: Law enforcement agencies may access a young person’s criminal record for investigative purposes or for public safety reasons.
• Courts: Courts may access a young person’s criminal record for the purpose of sentencing or for determining whether to grant bail.
• Correctional authorities: Correctional authorities may access a young person’s criminal record for the purpose of managing their sentence.
• Employment and educational purposes: In certain circumstances, employers and educational institutions may be authorized to access a young person’s criminal record for screening purposes. However, this access is subject to strict criteria and requires the consent of the young person.

Further, all youth records have a specific “access period” within which they can be accessed. Once outside of that access period, youth records are sealed or destroyed. As well, the Youth Criminal Justice Act requires that a young person’s criminal record is automatically sealed and cannot be disclosed to the public once they reach the age of 18, except in limited circumstances. Our team of experienced youth criminal lawyers are aware of those specific circumstances, and can explain how they apply to your case.

Additionally, there are some exceptions to the general rule of sealing a young person’s criminal record. For example, a young person’s criminal record may be disclosed to a potential employer or educational institution if they are applying for certain sensitive positions, such as working with vulnerable populations or handling sensitive information. In these cases, the young person may be required to provide written consent to the disclosure of their criminal record.

Our expertly-trained youth criminal lawyers will be able to explain how all of these factors will apply in your specific case. We will guide and advise you through this process, if required. However, the main goal in every youth case is to ensure that the youth does not receive a criminal record of any kind.

At Kraska Law our highly experienced young offender lawyers will take your charges seriously. We understand that every young offender’s situation is different, and that a record for even the slightest offence could have a significant impact on a young offender’s life for years into the future. We always strive to be the best young offender lawyers for our clients, and work to provide the best possible defence.

How an Experienced Young Offender Lawyer Can Help You

An experienced young offender lawyer, well versed in the Youth Criminal Justice Act will be able to identify the issues in your case, and give you proper guidance through the stressful and complicated Court process.

An experienced young offender lawyer can also assist with the development of a strong defense strategy. This may involve challenging the evidence against the young person at trial, negotiating a deal, or seeking alternative measures or community-based sentences. Our experienced young offender lawyers can also represent the young person in court and advocate on their behalf and ensure that the young offender’s rights are respected throughout the legal process.

If you are charged with criminal offences, you should call an experienced young offender lawyer at Kraska Law immediately. Robert Kraska is a highly experienced youth criminal lawyer, who has successfully prosecuted and defended numerous youth cases. Robert Kraska is a youth criminal lawyer who is available 24/7 for emergency consultations on youth matters.

When the police charge a youth, they may want to interview you as soon as possible. The police can lie to you to encourage you to answer questions:

1. The police may say that they are just investigating.
2. They may say that they just want to hear your side of the story.
3. They may try to gain your trust with small talk.
4. The police may try to guilt you into providing answers by suggesting that “if you were innocent, you would just tell your side of the story.”

A failure to answer police questions, or provide your version of events, is not a sign of guilt, you have a right to remain silent.

As a young offender, you have a right to have a parent, guardian, or person of authority present when providing a statement or interacting with the police. An experienced young offender offence lawyer will make sure that you are aware of these rights.  Specifically, a young offender lawyer will be able to properly defend you by navigating the complex rules of evidence specific to the youth criminal justice system.

At Kraska Law our top-rated criminal defence lawyers will effectively analyze your situation, and be the best young offender criminal lawyers for your case. Our highly experienced youth criminal lawyers will ensure that you are protected every step of the way, and that all the publication bans and privacy protections available under the Youth Criminal Justice Act are in effect every step of the way.

We pride ourselves on keeping you informed at every stage of your young offender case. We will identify your specific concerns, the specific issues of your case, and fight to protect your interests. We will strive to successfully negotiate the end of your youth criminal charges at the earliest opportunity. If the Crown Attorney will not agree to a favorable negotiation, then we will fight the case at trial. 

Robert Kraska and his team of experienced youth criminal lawyers have over 40 years of combined experience as, both criminal defence lawyers and prosecutors. This diverse knowledge sets us apart from other firms, as we have experience from both sides of the Courtroom. Whether negotiating an outcome, or proceeding to trial, we will strive to be the best young offender lawyers for your case.

Why Our Clients Choose Kraska Law

Call today for your free and confidential consultation directly with Robert Kraska or one of our experienced youth criminal defence lawyers!