WRITTEN BY
Jo-Anne Schneeweiss, Toronto Criminal Lawyer

Young people can find themselves part of the criminal justice system in Canada from the age of twelve. Until the age of seventeen their charges fall under the Youth Criminal Justice Act, legislation created to reflect their particular circumstances and needs. Youth custodial facilities separate alleged young offenders from adults. And yet, the reality can still be a very scary place for both parents or caregivers and the youths charged.

Understanding the criminal procedure flowing from an arrest is essential to achieving the best possible result. A criminal defence lawyer can help families navigate through the system, understand the charges faced, and determine which rights may have been infringed.

Steps in the legal system requiring preparation can include:

• Bail Hearing Court
• Set Date Court
• Disclosure of the alleged offence
• Pre-trial meeting(s)
• Judicial pre-trial meeting(s)
• Trial

At each stage, decisions may need to be made which will effect the outcome of the proceedings. It is important to have a comprehensive understanding of all complex issues before making those important decisions.

If families do not have the funds to hire a lawyer by private means, they can apply to the provincial Legal Aid program. In that case, a certificate to retain a lawyer will be issued if the applicant qualifies (payment terms may apply).

The court system is not the time to abandon a troubled youth, especially when she or he may have a defence. A family’s support can make the difference in ensuring that any lessons learned are positive ones.

Jo-Anne Schneeweiss, is a criminal defence trial lawyer at Rusonik, O’Connor, Robbins, Ross, Gorham & Angelini, LLP (www.criminaltriallawyers.ca) in Toronto. Mrs. Schneeweiss can be contacted at schneeweiss@criminaltriallawyers.ca.

(c) Jo-Anne Schneeweiss 2012

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