Many people assume that criminal cases involving juveniles are automatically handled in juvenile court, where the primary goal is rehabilitation. However, in some situations, a juvenile can be tried as an adult. This puts them at risk of much harsher consequences. This shift is not just procedural. It can dramatically impact the penalties and the juvenile’s future.
Colorado Statutes
In Colorado, district attorneys may have the power to direct file adult criminal charges against juveniles only under certain circumstances. For example:
(1) A juvenile may be charged by the direct filing of information in the district court or by indictment only if:
(a) The juvenile is sixteen years of age or older at the time of the commission of the alleged offense and:
I. Is alleged to have committed a class 1 or class 2 felony; or
II. Is alleged to have committed a sexual assault that is a crime of violence pursuant to section 18-1.3-406, C.R.S., or a sexual assault under the circumstances described in section 18-3-402 (5)(a), C.R.S.; or
III. (A) Is alleged to have committed a felony enumerated as a crime of violence pursuant to section 18-1.3-406, C.R.S., other than a sexual assault as described in subparagraph (II) of this paragraph (a), or is alleged to have committed sexual assault pursuant to section 18-3-402, C.R.S., sexual assault on a child pursuant to section 18-3-405, C.R.S., or sexual assault on a child by one in a position of trust pursuant to section 18-3-405.3, C.R.S.; and
(B) Is found to have a prior adjudicated felony offense; or
(IV) Has previously been subject to proceedings in district court as a result of a direct filing pursuant to this section or a transfer pursuant to section 19-19-2.5-801; except that:
A. If the juvenile is found not guilty in district court of the prior felony or any lesser included offense, the subsequent charge shall be remanded to the juvenile court; and
B. If the juvenile is convicted in district court in the prior case of a lesser included or nonenumerated offense for which criminal charges could not have been originally filed by information or indictment in the district court pursuant to this section, the subsequent charge may be remanded to the juvenile court.
Why Being Charged as an Adult Matters
The key difference between juvenile and adult courts is in the purpose and outcome. Juvenile court is designed to rehabilitate minors, giving them a chance to correct their behavior and reintegrate into society. Penalties often involve counseling, probation, or time in a juvenile detention facility until the minor reaches a certain age.
In adult court, however, the focus shifts to punishment. This means that juveniles tried as adults face the same penalties as adult offenders. This can include long-term imprisonment in adult correctional facilities. Moreover, a conviction in adult court results in a permanent criminal record, which can affect the juvenile’s ability to find employment, pursue higher education, or even find housing later in life.
Importance of Working with an Attorney
Regardless of whether a crime is charged in juvenile or adult court, it’s crucial to work with an experienced attorney. A lawyer will not only protect the juvenile’s legal rights but may also argue to keep the case in juvenile court. Even in cases that are transferred to adult court, an attorney can negotiate for reduced charges, alternative sentencing, or other legal strategies that can lessen the long-term impact of a conviction.
Juvenile crimes are serious. The potential for being charged as an adult adds an extra layer of risk. Having a qualified attorney by your side ensures that every possible defense is explored, and the future of the juvenile is protected. If you have questions or you’d like to speak to someone about your circumstances, contact the Juba Law Office.
