Do You Need a Lawyer for Juvenile Court?

Many parents or guardians wonder if working with a lawyer is necessary when your child faces criminal charges. Some might suggest that juvenile court isn’t as serious as adult criminal court, but that’s a dangerous misconception. While juvenile court handles cases involving minors, the stakes can still be very high. Hiring a qualified attorney to represent you or your child is crucial to navigating the legal process and protecting your future.

Why Juvenile Court is Serious

Juvenile court is not a lenient alternative to adult criminal court. While the juvenile court system prioritizes rehabilitation over punishment, the consequences of a negative outcome in juvenile court can still be life-altering. Convictions, called “adjudications” in juvenile cases, can lead to fines, community service, probation, mandatory counseling, and even time spent in a juvenile detention or commitment facility. In more severe cases, a juvenile record can impact your child’s future by limiting educational and employment opportunities.

Additionally, certain offenses committed as a minor can follow you into adulthood. Although often expunged after a certain period, juvenile records may still be accessed by schools, employers, or the military in certain circumstances. If a child faces serious charges, there’s even the possibility of being tried as an adult, which can result in much harsher penalties.

Juveniles and Colorado Laws

In Colorado, the statutes governing the prosecution of juveniles as adults are found in Title 19 of the Colorado Revised Statutes (C.R.S.), specifically:

C.R.S. § 19-2.5-801 – Direct Filing: This statute outlines the circumstances under which a district attorney may file charges against a juvenile directly in district court, effectively prosecuting the juvenile as an adult. It specifies age and offense criteria for such direct filings.

C.R.S. § 19-2.5-802 – Transfers: This section details the procedures and criteria for transferring a juvenile case from juvenile court to district court. It includes considerations for the juvenile’s age, the nature of the alleged offense, and the juvenile’s prior delinquency history.

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C.R.S. § 19-2.5-305 – Detention and Shelter: While primarily focused on detention procedures, this statute also addresses the confinement of juveniles who are to be tried as adults, specifying restrictions on holding such juveniles in adult facilities.
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These statutes collectively establish the legal framework for determining when and how a juvenile may be prosecuted as an adult in Colorado.

Role of a Lawyer in Juvenile Court

Juvenile law is complex. Having a lawyer ensures that your child’s rights are protected at every step. Here are several ways a lawyer can help:

• Legal expertise: A skilled juvenile defense attorney understands the nuances of juvenile law and how the system works. They assess the evidence against your child, negotiate with prosecutors, and identify any procedural issues that could benefit your defense.
• Protection of rights: In any criminal case, including juvenile cases, the accused has certain rights, such as protection against self-incrimination and the right to due process. A lawyer ensures that law enforcement, the courts, and the prosecution do not infringe upon these rights.
• Negotiating lesser penalties: In many cases, an attorney can negotiate with the prosecution to reduce charges or seek alternative penalties, such as counseling, community service, or diversion programs, which allow the juvenile to avoid detention and a formal conviction or adjudication.
• Advocating for rehabilitation: Since the goal of juvenile court is rehabilitation rather than punishment, an attorney can argue for options that focus on helping your child grow from the experience without being burdened by a harsh penalty. This could involve enrolling the child in treatment programs, counseling, or educational initiatives.
• Minimizing long-term consequences: A lawyer can work to prevent a criminal conviction from haunting your child in the future. They might seek dismissal of charges or advocate for record sealing or expungement after the case is resolved. These tools significantly mitigate long-term effects on your child’s future.

Consequences of Not Hiring a Lawyer

Without proper legal representation, you risk a negative outcome in juvenile court. This could have lasting effects on your child’s future. Juvenile detention can disrupt schooling and social development, and create a stigma that follows them into adulthood.

Additionally, without a lawyer to protect your child’s rights, there’s a greater chance of receiving harsher penalties than necessary. For example, your child might be placed in a juvenile detention facility. This is in lieu of being offered rehabilitation programs or alternative sentencing.

Hiring a lawyer for juvenile court is not just a formality. It is a necessary step in protecting your child’s rights, future, and freedom. The consequences of a juvenile adjudication can extend far beyond the courtroom. They can potentially impact your child’s education, job prospects, and social life. A qualified juvenile defense attorney works to ensure the best possible outcome. They’ll advocate for rehabilitation over punishment and fighting to safeguard your child’s future. Even in juvenile court, the stakes are high, and having an attorney by your side can make all the difference.

At the Juba Law Office, we understand the overwhelming experience of a having a child accused of a crime. If you want to protect your child from the most damaging outcome, we’ll guide you through the legal process. Contact us today to schedule a consultation.