District Attorneys in Weld County may not prosecute juveniles under 16 with adult charges. According to a new piece of legislation just signed into law, teens or minors who commit a crime in the Weld County cities of Greeley, Berthoud, or Kearsey will not be tried as adults unless they are over 16 and the District Attorney direct against them. Even in this instance, the juvenile may appeal to a Weld County judge who will require the District Attorney to prove to the judge why they feel the child should be tried as an adult.
Currently, a young person must 16 before the District Attorney is allowed to “direct file” for them to be tried as an adult. Before this new law, District Attorneys could direct file a juvenile as young as 14 years old. The consequences of a juvenile court ruling are much less harsh then with an adult sentence. If the juvenile is adjudicated, their record can generally be expunged and the damaging criminal information will be hidden forever. Not so with an adult conviction.
These laws are put into effect because lawmakers are trying to cut juveniles some slack. They know their minds are still developing and do not believe it is fair to saddle these children with harsh, permanent records for silly things they did before their eighteenth birthday. Many children make mistakes when they are surrounded by bad influences or lack of parental supervision. At this law office, we do not believe a 14 year-old has the mental capacity to fully digest the consequences of certain crimes like Criminal Mischief (CRS 18-4-501), Second (2nd) Degree Arson (CRS 18-4-103), or Criminal Third (3rd) Degree Trespassing (CRS 18-4-504).