A Parents Guide To Helping Their Young Offenders Though Their Day In Court - Part 2

By Author: Jonathon Pyzer
Total Articles: 2
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Community and restorative programs

The young people in these extrajudicial programs are taught to take responsibility for their own actions and learn new skills for staying out of trouble. Specific diversionary actions might include

* counseling for behavioral issues and drug abuse,
* volunteering in the community,
* repairing, restoring or reimbursing for both damaged and stolen property,
* writing (and reading aloud) an apology, and
* taking anger management classes, if appropriate.

There are also "restorative justice programs" in which the youthful offender, his/her family, the victim(s) and community representatives assemble, under the supervision of trained facilitators, to discuss the offense, the harm it caused and ways to redress the wrong.

Additional community-based services include community service, probation, structured programs at designated Youth Intervention Centres and specialized mental health services. If your child is being considered for an extrajudicial or community-based diversionary approach, there will be guidance provided to you, ...
... as parents, so that you may effectively advocate for your child's best interests. These interests, of course, are foremost in the mind of the judicial officers and magistrates, as well.

Official court proceedings

If the informal extrajudicial measures are determined to be inappropriate for rehabilitating a particular youth accused of a crime, the authorities may choose to lay a charge against the young person. From this determination a number of steps ensue, which are your responsibility, as parents, to take with and for your child. Understanding your child's rights, your rights as parents and the general operations of the youth court system under the YCJA are essential for achieving justice.

Once a charge is laid, judicial system officials are charged with protecting the young person's rights at every step of the process. The first obligation is always to inform young persons of their right to counsel, and to contact the parents or guardians. The judicial process will then proceed through the following steps: first appearance, plea, trial and appeals processes. The YCJA also describes and defines the situations in which the court can summon the parents of the young person to appear, order a medical and/or psychological report on the accused you, place the young person with a child welfare agency and, perhaps most importantly, decide whether to release or detain the accused pending trial.

Various parts of the YCJA apply at various stages of the proceedings, even after the young person has been found either guilty or not guilty. For example, the right to an attorney is applicable through the young person's entire experience with the court system, as are rules regarding the medical or psychological assessments. Perhaps the best advice for parents with children facing charges in Toronto, or anywhere else in Canada, is to read through the YCJA themselves.

Judges will sentence a youth to custody if other measures are unsuccessful in deterring the criminal behavior. A custody sentence will be for a specified amount of time, and there are both "open" and "secure" custody arrangements. Youths do not go to prison, per se, but to custody residences located throughout the Ontario. When in custody, youths are required to participate in programs that offer education, life skills, cultural programs, emotional and addiction counseling, anger management and physical recreation.

If charges are, in fact, laid against your child, it is always a good idea to get up-to-date legal advice from a licensed attorney, and resist the notion of representing your child yourself. For extrajudicial and diversionary phases, you may not need (and, depending on the proceeding, the court may not even allow) an attorney by your side. However, it is a good idea to seek advice from one, anyway, so that you are fully aware of your own rights as parents, and of the options and alternatives available to you and your child under the laws of Canada, which aim at all times to be the most progressive, humane and effective in the world.

Kostman & Pyzer is a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not every toronto lawyer http://www.torontodefencelawyers.com/ is created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success.