How Will a Felony Affect a Juvenile’s Life?
Making mistakes and learning from them is part of being young and growing up. If you are above the age of 22, you can probably think of something dangerous, irresponsible, or thoughtless that you did just so you could impress people or have the last word, or even just to see what would happen. Think of how humiliating it would be if the whole world knew about your youthful mistakes and kept reminding you of them every time you tried to move past them. Imagine if you had to suffer a punishment for your mistakes that was disproportionate to the crime of dumb teen antics.
It sounds unfair, and it is, but there are plenty of adults in Colorado with criminal records attached to their names because of the trouble they caused when they were teenagers. Some of them spent their 18th birthdays behind bars, while their peers who had not been charged in criminal court were registering to vote and later entered the workforce without criminal convictions on their record. If your teenage son or daughter is being accused of a crime, you need a Denver criminal defense lawyer, even if the prosecution assures you that the case will go through juvenile court instead of the adult criminal justice system.
How is Juvenile Court Different From Adult Criminal Court?
In Colorado, if a person under the age of 18 is accused of breaking a law codified in the criminal code, they will be referred to juvenile court. The state will not charge a minor as an adult unless the allegations are of a very serious crime, if the teen has previously been through the juvenile court system, and if the young defendant is at least 12 years old. The terminology of juvenile court differs substantially from the terms used in criminal courts where the defendants are adults. Whereas adults can be convicted of crimes, minors in juvenile court can be adjudicated delinquent. Places where adult defendants are institutionalized as part of a sentence for a criminal conviction are called jails or prisons, whereas similar places for minors adjudicated delinquent in juvenile court are called juvenile detention centers.
There are several key differences between the criminal process for adult defendants, on the one hand, and for juvenile court, on the other. Convictions in adult criminal court stay on your record permanently unless you go through the laborious process of getting them expunged or the even more laborious process of seeking a governor’s pardon. By contrast, most adjudications of delinquency from juvenile court disappear from your record after several years.
Some of the rights of defendants in adult criminal cases apply in juvenile courts, as well, such as the Seventh Amendment right to a trial by jury. Defendants in criminal courts have the right to a jury trial if they plead not guilty, as do juvenile defendants. Juvenile defendants have the right to hire criminal defense lawyers, and if a minor being charged in juvenile court does not hire a defense lawyer, the court will appoint one to the minor’s case.
Under What Circumstances Can the State Prosecute a Minor as an Adult?
Being charged and convicted as an adult is the worst-case scenario for a case involving a juvenile defendant. If the District Attorney charges you as an adult when you are a minor, you are entitled to a hearing to contest the decision. This is called a transfer, or reverse transfer, hearing, depending on the age of the juvenile.
Juveniles may be charged as adults under the following circumstances:
- Committed a class 1 or 2 felony or a crime of violence, as defined in section 18-1.3-406, C.R.S.; or
- Committed a felony offense involving a weapon; or
- Used or possessed and threatened to use a deadly weapon in the commission of a felony offense against a person; or
- Committed vehicular homicide, vehicular assault, or felonious arson; or
- Committed a class 3 felony as defined by section 18-1.3-401, C.R.S., or sexual assault as described in section 18-3-402 (1) (d), C.R.S., and was, within the previous two years, adjudicated a juvenile delinquent for an act constituting a felony; or
- Committed a delinquent act that constitutes a felony and has been determined to be an habitual juvenile offender, as defined in section 19-1-103 (61), C.R.S. The juvenile was 14 or 15 years of age at the time the offense was allegedly committed and:
- Committed murder in the first degree, as described in section 18-3-102, C.R.S., or murder in the second degree, as described in section 18-3-103, C.R.S.; or
- Committed sexual assault under the circumstances described in section 18-3-402 (5) (a), C.R.S.; or
- Committed any sexual offense classified as a class 3 felony, or sexual assault as described in section 18-3-402 (1) (d), C.R.S., and the juvenile, within the two previous years, has been adjudicated a juvenile delinquent for an act that constitutes a felony; or
- Committed a sexual offense that is a crime of violence as defined in section 18-3-406, C.R.S.; or
- Committed a felony sexual offense and is determined to be an habitual juvenile offender.
Colorado law allows the state to charge defendants as young as 12 as adults if they are accused of class 1 or class 2 felonies. If your charges are so serious that it would be legally permissible for the state to charge you as an adult, then it is essential to hire a criminal defense lawyer. Your lawyer will make every effort to ensure that your case goes to juvenile court instead of adult criminal court.
Juvenile Defendants Need and Deserve Representation by Criminal Defense Lawyers
Even if prosecutors are not trying to refer your case to adult court, hiring a criminal defense lawyer for a juvenile defendant is the best decision you can make. Colorado offers a variety of rehabilitative diversion programs for juveniles, and your chances of getting into one of these programs are much higher if you have a criminal defense attorney representing you. Juveniles have a lot to lose when facing criminal charges. A criminal defense lawyer can help you avoid a lifetime of entanglements with the criminal justice system.
Contact Petrash Law About Juvenile Delinquency Cases
The youngest defendants need representation by criminal defense attorneys. A criminal defense lawyer can help your teen avoid the worst consequences if they are being accused of a crime in juvenile court or is at risk of being charged as an adult. Contact Petrash Law in Denver, Colorado, to discuss your case.