Youth Criminal Defence Lawyer in Montreal (YCJA)
Has your child been arrested, called in for police questioning, or charged with a criminal offence? The Youth Criminal Justice Act (YCJA) is a separate regime from adult criminal law, with its own rules, timelines and consequences. Our firm practises exclusively in youth and criminal law before the Youth Division in Montreal, Laval, Longueuil and neighbouring districts. With 4 lawyers holding solid expertise in this field, our team can support you at every stage.
438-842-8663After-hours emergency (arrest, DPJ intervention): line available 24/7.
What the YCJA changes for your teenager
The YCJA applies to young people aged 12 to 17 at the time of the offence. It aims to protect the public by holding young persons accountable, while giving significant weight to rehabilitation and reintegration and recognizing their diminished moral blameworthiness. Youth sentences are generally less severe than those available for adults, publication of identity is prohibited save for exceptions, and youth records are subject to strict access and retention rules.
That said, a finding of guilt has real consequences: record access periods, release conditions, and effects on travel, internships, employment and future applications. That is exactly why the first decision — whether to speak to police, whether to accept a measure — should be made with a lawyer.
Your teenager's rights on arrest
- The right to silence: a young person is not required to give their version to police, subject to the identification requirements set out by law.
- The right to be informed without delay of the right to counsel and to exercise it before being questioned.
- The right to consult a parent, guardian or other appropriate adult and to ask that they be present during a statement — a right the young person may waive, but only in the manner prescribed by law.
- The right to receive warnings in language adapted to their age and understanding.
- The right to identity protection: publishing a young person's name is prohibited, save for statutory exceptions. These safeguards are set out in section 146 of the YCJA.
A statement obtained without respect for these safeguards may, depending on the circumstances, be ruled inadmissible at trial. We systematically review the legality of the arrest, detention and questioning.
How a YCJA file generally unfolds, step by step
Arrest or summons
Police issue an undertaking to appear or detain the young person. Call us before any statement.
Provincial Director's assessment (extrajudicial sanctions)
Many files can be resolved outside court through extrajudicial sanctions, with no finding of guilt. We actively negotiate this route when it serves your child.
First appearance and release
We seek release and negotiate realistic conditions compatible with school, sports and family life.
Disclosure and analysis
Videos, statements, expert reports, police notes: we obtain full disclosure and identify weaknesses and Charter breaches.
Negotiation or trial
Withdrawal of charges, negotiated plea, or full trial before the Youth Division — depending on what the evidence truly supports.
Sentencing and follow-up
Discharge, community service, probation, deferred custody or placement: we argue for the least restrictive, most rehabilitative measure, taking into account each young person's profile and background.
Charges we most often defend
- Assault, school fights and assault with a weapon
- Theft, robbery, break and enter, mischief
- Drug possession and trafficking
- Threats, criminal harassment and intimidation
- Weapons offences
- Sexual offences, including sharing of intimate images and sexual assault
- Cybercrime, fraud and offences committed online
- Breach of conditions and failure to comply with an order
- Homicide and murders committed by young persons
Why entrust your file to Ameur & Múrias
We are a Montreal firm devoted to youth and criminal law. Our lawyers have an in-depth knowledge of how the Youth Division and the youth criminal justice system actually work. What is more, we have been appearing in the districts of Montreal, Laval, Longueuil, Saint-Jérôme and Joliette for more than 13 years now.
We accept legal aid mandates and serve clients in French, English, Spanish, Portuguese and Arabic. Parents get plain-language explanations and a concrete strategy from the first meeting.
Frequently asked questions
Does my teenager have to speak to the police?
No. A young person has the right to silence and the right to consult a lawyer before any questioning. Declining to give a statement is not an offence and cannot be used as proof of guilt. Call us before the interview.
Will a YCJA record follow my child for life?
Not like an adult criminal record. The YCJA sets limited access periods, after which the record is no longer accessible. The length depends on the offence and sentence, and new charges can extend those periods. Confidentiality is governed by Part VI of the YCJA. A lawyer specialized in youth criminal defence can guide you through the process.
What is an extrajudicial sanction?
It is a measure applied outside court (community work, letter of apology, awareness activities, compensation) supervised by the Provincial Director. Properly handled, it avoids a trial and a finding of guilt. We negotiate this route whenever it is in the young person's interest.
Can a young person be sentenced as an adult?
It is exceptional. For the most serious offences committed from age 14, the Crown may seek an adult sentence. The presumption of diminished moral blameworthiness remains and the burden rests on the Crown beyond a reasonable doubt.
How much does a youth criminal lawyer cost?
We accept legal aid mandates, and eligibility for a young person is now universal and automatic. In short, every minor is entitled to legal aid for a criminal charge. For private mandates, we set clear fees at the first meeting. Call 438-842-8663 for an assessment.
Speak to a lawyer before making a decision. The first conversation often changes the outcome of the file.