When Can a Teen Be Charged as an Adult?
The legal system separates juveniles from adults, but not always. In some cases, a minor can be prosecuted in adult court. This usually happens in one of three ways:
- Direct File: Prosecutors have the power to charge certain juveniles directly in adult court. This usually applies to serious offenses like violent felonies. Colorado Revised Statutes Section 19-2.5-801 addresses the direct filing of charges against juveniles in adult court, specifying the offenses and age requirements for such filings.
- Judicial Transfer: A judge can move a case from juvenile to adult court after a hearing. In Colorado, the procedures and criteria for transferring a juvenile case to adult court are outlined in Colorado Revised Statutes Section 19-2.5-802.
- Statutory Exclusion: Some crimes are automatically handled in adult court based on the law, such as certain traffic offenses.
Age and offense type matter. The older the teen and the more serious the charge, the more likely they are to face adult prosecution.
What Are the Consequences?
Being charged as an adult changes everything. Juvenile court focuses on rehabilitation, while adult court is about punishment. The consequences may include:
- Harsher sentences: Adult penalties are much stricter. Instead of juvenile detention, a teen could face years in prison.
- Permanent criminal record: A juvenile record can often be expunged, but most adult convictions stay public.
- Loss of opportunities: A criminal record can make it harder to get a job, housing, or higher education.
Can the Case Be Moved Back to Juvenile Court?
Yes, but it depends on the situation. A defense attorney can file a motion to transfer the case back to juvenile court. The judge will look at factors like the teen’s age, criminal history, and the details of the case. Strong legal representation makes a big difference in these hearings.
Emotional Toll on Families
The stress of having a teen charged as an adult can be overwhelming. Parents often feel helpless and unsure of what steps to take next. The legal process is complex, and without proper guidance, families can quickly become lost. Beyond the legal implications, the emotional strain can impact relationships, school performance, and overall mental health. Seeking support from professionals, including attorneys and counselors, can help navigate this difficult time.
Role of an Attorney
A defense attorney plays a critical role in these cases. They examine the evidence, build a strong defense, and negotiate with prosecutors. In some situations, an attorney can argue for reduced charges or alternative sentencing options that focus on rehabilitation rather than punishment. Having legal support early in the process increases the chances of a better outcome.
What Should Parents Do?
If your teen is charged as an adult, you must act fast. The earlier you get legal help, the better the chances of avoiding adult prosecution. Every case is different, but a skilled attorney can fight for the best possible outcome.
At Juba Law Office, we understand how stressful this is for families. If your child is facing serious charges, reach out today. Let’s discuss your options and work toward protecting their future.
