According to Colorado law, children under the age of 18 are adjudicated of a crime, not convicted. This means that they are treated less harshly than an adult in Weld, Morgan, and Logan County. In some cases, however, juveniles can be charged and convicted as an adult. Let’s look more closely at how a juvenile can be charged as an adult in Greeley, Evans, and Erie.
Direct File Laws Change in Colorado
In order for a District Attorney to file adult charges against a juvenile, the child must be at least 16 years old. This process is called Direct Filing, or Direct File, and is allowed in murder cases, violent sex crimes, assaults, kidnapping, and other violent crimes. A new law was recently signed by the Colorado governor which raised the age limit from 14 to 16 years of age. If a juvenile is charged as an adult through Direct File, they are able to appeal the decision to a district court judge.
Difference Between Adjudication and Conviction
A juvenile who is adjudicated rather than convicted will face a less severe sentence. Technically, an adjudication is a civil matter, rather than criminal. After the new Colorado law went into effect, prosecutors are only able to use Direct File in cases where a serious, violent crime has been committed. Prosecutors may be unhappy, but now our kids have a better chance at staying in the juvenile court and being adjudicated. This gives them a better chance at recovering from their mistakes and creating a better future.
An Example of a Child Charged as an Adult
For example, if a juvenile is charged with Sexual Assault on a Child – C.R.S. 18-3-405, they could be charged as an adult if they are at least 16 years old. Otherwise, they would be charged in juvenile court and face adjudication rather than a conviction. Even if your child is charged in juvenile court, they need to fight the charges against them. Being adjudicated a juvenile delinquent is difficult. In sex crime cases, your child will still be required to register as a sex offender and go through sex offender treatment the same as an adult conviction. And, while the sentence is less serious, some of the more serious adjudications cannot be expunged from a person’s record. In some cases, a juvenile may need to register as a sex offender for life. Because of this, a juvenile who has been charged with a crime, whether it be in juvenile court or as an adult, needs to contact an experienced criminal defense attorney immediately to fight the charges and protect their future.
If your child is being investigated for a crime, and you are worried they could be charged as an adult or in juvenile court, have your child be smart, exercise their right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009. Together, we can protect your child’s future.
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