Colorado Law for Juvenile Direct Filing | Weld County Juvenile Defense Attorney
In Weld County, when your Juvenile commits a crime, they could face being charged by Direct Filing, i.e. charged as an adult. Not every Juvenile offender can be charged by Direct Filing in Colorado. It depends on the child’s age and what they are alleged of doing. Thanks to Governor John Hickenlooper’s signature, as of 2012, juveniles must be at least 16 to even be considered for Direct Filing. Before the bill as signed, children as young as 12 where able to be charged by Direct Filing in Colorado.
What is Direct Filing, C.R.S. 19-2-517, in Greeley?
A Direct Filing under C.R.S. 19-2-517, in Greeley, occurs when the District Attorney deems the crime committed by a Juvenile to be so heinous that they charge the child as an adult. Not every crime a juvenile, or child, carries out is eligible to be charged by a Direct Filing. Only serious crimes like Homicide / Murder, a crime of violence, Kidnapping, or Sexual Assault.
When Can Juveniles Be Tried as Adults in Greeley, Brighton, and Windsor?
As of 2012, Juveniles can be tried as adults only in particular circumstances in Greeley, Brighton, and Windsor. No matter the crime, any juvenile 15 years old or younger CANNOT be tried as an adult in Colorado. This means that if a juvenile is 16 or older, they potentially face being charged by Direct Filing. But a teen can only receive a Direct File if they are alleged to have committed:
- A class 1 felony
- A class 2 felony
- Sexual Assault that is a crime of violence pursuant to section C.R.S. 18-1.3-406
- Sexual Assault where:
- The actor was physically aided or abetted by another person(s)
- The victim suffered serious bodily injury
- And / or the actor was armed with a deadly weapon, or an article used or fashioned in a manner to cause a person to reasonable believe that the article is a deadly weapon, or verbally states that the actor is armed with a deadly weapon, AND uses the deadly weapon, article, or representation to cause submission of the victim.
- A Crime of Violence, Sexual Assault, Sexual Assault on a Child, or Sexual Assault on a Child by One in a Position of Trust, AND has a prior adjudicated felony offense.
- A crime where they were previously charged by Direct Filing except that:
- If the juvenile was not guilty, the subsequent charge shall be remanded to juvenile court.
Generally, the District Attorney will immediately file the juvenile’s case by Direct Filing if they believe these conditions have been met. It is the job of your thorough criminal defense attorney to make sure that the DA has filed the case correctly. If the DA has filed the case correctly, by Direct Filing, then your expert juvenile defense lawyer will know to motion to request transfer of the case into juvenile court quickly. We say “quickly” because there is a short time period of only 10 days for your juvenile lawyer to request the case be moved to juvenile court. 10 days is a very short period in a court case.
What Happens with Direct Filing in Greeley, Longmont, and Johnstown? | Motion to Transfer / Reverse-Transfer Motion
When your child has been charged by Direct Filing in Greeley, Longmont, and Johnstown, your child has the right to appeal the case’s placement in district court. It is called a Motion to Transfer to juvenile court, also known as a Reverse-Transfer Hearing. Once the judge has received this motion, they will give the District Attorney a chance to respond to the Transfer Motion, and then consider a variety of factors before approving or denying the motion. Some of the factors the court will consider when determining if the teen should be tried in district court (as an adult) or in juvenile court are:
- Seriousness of the alleged offense
- If the offense was committed in an aggressive, violent, premeditated, or willful manner
- If the offense was against person or property
- How old the juvenile is, and their level of maturity
- Previous court related history
- The teen’s mental health
- The likelihood of the child’s rehabilitation through either district or juvenile court sentencing
- Interest of the community
- Impact on the victim
- Possession, use, or threat of a deadly weapon
The judge will then decide if it is more appropriate for the child to be tried in juvenile or direct court.
Sentence for Juvenile Convicted with Direct Filing in Dacono, Fort Lupton, and Milliken
If your juvenile has been convicted with Direct Filing in district court in Dacono, Fort Lupton, or Milliken, a judge has a few ways of sentencing the juvenile. They can sentence the juvenile:
- As an adult. In this case, they are typically detained in a youth detention center until they are of age. At that point they are then transferred into the Colorado Department of Corrections, or
- To the youthful offender system in DYC (the Department of Youth Corrections.
Juvenile cases that are sentenced in adult court in Greeley and Weld County also face a number of complex exceptions that should be discussed with your defense attorney.
Why You Need a Criminal Defense Attorney for a Juvenile Charged by Direct Filing in Weld County, Firestone, and Mead
If your juvenile is being charged by Direct Filing in Weld County, Firestone, or Mead, you’ll need an experienced juvenile criminal defense attorney fighting for your child’s rights and freedoms. Risking your child’s future is not an option here. Public Defenders are smart, but tend to be over worked, and therefore can’t spend the time needed to build a defense for your child. And though those fresh from law school, novices may have fresh knowledge of the intricacies of the law, they don’t have near enough experience dealing with cases as important as these. Our lawyers have over 40 years of combined experience and have strong connections with other highly skilled experts: therapists, counselors, psychiatrists, and doctors. Call the O’Malley Law Office today to discuss your child’s case with experienced criminal defense and juvenile defense lawyers today.