Alberta Court of Justice: Criminal/Youth Offences

In the event of criminal charges, it is imperative to secure legal representation without delay. Once charges are brought against you, your legal rights may be at risk, and navigating the intricacies of the criminal justice system can be an arduous task without skilled guidance. Engaging the services of an experienced criminal defence lawyer ensures that you have a highly qualified professional at your side, equipped with a comprehensive understanding of Canadian law. From safeguarding your rights during police interrogations to devising a robust defence strategy, an adept legal advocate can play a pivotal role in influencing the resolution of your case. Prompt action not only upholds your legal protections but also provides the clarity and professional support necessary during this challenging period.

Authorized to represent clients for Summary Conviction under Sections 800(2) and Section 802.1 of The Criminal Code of Canada.

Section 800(2) 

  • A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

Section 802.1

  • Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless:
    • (a) The defendant is an organization;
    • (b) The defendant is appearing to request an adjournment of the proceedings; or
    • (c) The agent is authorized to do so under a program approved or criteria established by the Lieutenant Governor in Council of the province

Represent you in a Summary Criminal Offence

At our firm, we understand the complexities surrounding hybrid offences. If you are facing charges, we will contact the Prosecution to obtain detailed information on the charges and determine how the Prosecutor has elected to proceed. If the offence is prosecuted as a Summary Offence, we are fully equipped to represent you and provide the legal guidance you need. Our priority is to ensure that you are informed and supported at every step of the process. We can:

  • Review the specifics of your case thoroughly.
  • Communicate with the Prosecution on your behalf.
  • Assist you with your rights and potential outcomes.
  • Develop a strong legal strategy tailored to the circumstances of your case.
  • Appear in court for all court appearances, and
  • Represent you in Court.

Summary Criminal Offence

Understanding Summary Criminal Offences in Canada

Summary criminal offences in Canada refer to less serious offences under the Criminal Code, often compared to misdemeanours in other legal systems. These offences typically involve less severe penalties than indictable offences and are resolved more quickly through a streamlined court process. Common examples include causing a disturbance, trespassing at night, or minor theft under a specified value.

For summary offences, proceedings are generally held in provincial court without the option of a jury or preliminary hearing. The accused often has fewer procedural steps to navigate, and trials are usually conducted by a judge alone. The maximum penalty for most summary offences is a $5,000 fine, six months' imprisonment, or both, although some exceptions exist.

It is important to note that, despite their relatively minor nature, summary offences still carry legal consequences that can impact your future. Criminal records, fines, or other penalties can affect employment prospects, travel opportunities, or personal reputation. Therefore, consulting with a qualified criminal defence lawyer remains crucial to ensure your rights are protected and to explore possible defences or resolutions to your case.

 

Criminal Code of Canada

Alberta Court of Justice: Criminal Page

Youth Criminal Justice

 

Youth Offences Under the Youth Criminal Justice Act (YCJA)

The Youth Criminal Justice Act (YCJA) is a key piece of legislation in Canada designed to govern how youth aged 12 to 17 are treated within the criminal justice system. Enacted in 2003, the YCJA replaces the former Young Offenders Act and focuses on promoting rehabilitation and reintegration rather than punitive measures. Its primary goal is to hold young individuals accountable for their actions while recognizing their unique developmental stages and potential for change. The act emphasizes alternative measures such as community-based programs, counselling, and restorative justice instead of incarceration, which is used only as a last resort. By prioritizing prevention and intervention, the YCJA aims to reduce youth crime rates while ensuring fair treatment that balances public safety with the individual needs of young offenders.

 

Learn more about the YCJA

Learn more about Alberta Court of Justice Youth Page

 

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