Defending Your Rights, Protecting Your Freedom
Juvenile Crimes
The juvenile court system is focused on rehabilitating minors, to an extent. However, a conviction for a crime can still result in serious consequences, such as fines and even incarceration – especially if the minor is tried as an adult. Beck Law criminal defense attorneys have extensive experience regarding juvenile crimes. Lori Beck was a juvenile Deputy District Attorney in Adams County and knows what the prosecution looks for in developing their case against you. Your future is at stake, and you need us by your side to get the best possible outcome in your case.
A juvenile can be charged with the same crimes an adult can. There are no limitations. The only difference is that a Juvenile Court deals with people under the age of 18 years old.
In juvenile court, if the prosecution proves “beyond a reasonable doubt” that the juvenile has committed a crime (a delinquent act), the juvenile will be adjudicated (convicted)
Some types of misconduct can only be classified as criminal when committed by a juvenile. These include:
- Curfew violations, Truancy, and Underage possession of alcohol, marijuana or tobacco
Certain offenses are under the jurisdiction of county courts, even if the individual charged is under 18. These include:
- Minor in possession of alcohol or marijuana, Minor in possession of drug paraphernalia, Advertisement or sale of drug paraphernalia, DUI, and Traffic Offenses.
- Game and fish and parks and recreation laws
There are rare circumstances in which a minor may be moved from juvenile court to district court and prosecuted as an adult. In Colorado, a juvenile may be tried as an adult as young as age 12 if the charges relate to a class 1 or class 2 felony.
PENALTIES
Juvenile crimes are treated differently than adult crimes in Colorado. The goal is to rehabilitate the minor and prevent him or her from committing further crimes in the future. The penalties entered against a juvenile for a conviction depend on the child’s age, the type of offense, whether there is a history of delinquency and other factors. It is critical to take a juvenile criminal case seriously.
Penalties associated with juvenile crimes include fines, restitution (payment for damage to another’s property), community service hours, probation, driver’s license suspension, counseling, rehabilitation, random drug testing and home visits by officers. The best way to protect your child from the ramifications of a criminal conviction is by hiring an experienced criminal defense lawyer for advocacy.
Penalties are not limited to those imposed by the court. Additional consequences juvenile offenders may face include suspension or expulsion from school, loss of employment or the ability to obtain certain jobs, loss of access to public benefits (such as food stamps) and loss of the right to own firearms.
PARENTS RESPONSIBILITIES
Parents of a juvenile facing criminal charges in Juvenile Court are required to attend all proceedings concerning their child. If the juvenile is adjudicated, the court MAY impose requirements on the parent to participate in various programs. If the parent does not cooperate, the Court can impose contempt sanctions.
Colorado Juvenile Offender Categorizations
Juveniles charged with crimes in Colorado may be assigned a category that affects their sentencing and other factors, such as eligibility for the expungement of juvenile records. These designations include:
- Mandatory Sentence Juvenile Offender: Under Colorado law, a juvenile must be sentenced if he or she has been adjudicated (the equivalent of being convicted) as a delinquent twice or if his or her probation is revoked.
- Repeat Juvenile Offender: This designation applies to juveniles who have been previously adjudicated for a delinquent act and are subsequently adjudicated for a felony, or juveniles whose probation is revoked for a delinquent act that constitutes a felony.
- Violent Juvenile Offender: Offenders age 13 and older may be deemed violent if they were adjudicated for a crime of violence (for example: causing bodily injury or death to another person; sexual assault; aggravated robbery; kidnapping; etc.).
- Aggravated Juvenile Offender: Juvenile offenders who are at least 12 years old may be designated as aggravated offenders if they were adjudicated for a class 1 or class 2 felony, or if they had their probation revoked for a delinquent act that constitutes a class 1 or class 2 felony, or if they committed a violent crime.
- Habitual Juvenile Offender: This category applies to juvenile offenders who are twice adjudicated as a juvenile delinquent for separate felony episodes.
Even though your child may be prosecuted in Juvenile Court, they need the best criminal defense attorney in Colorado to help them, and you, through the complex legal system. An adjudication (conviction) can have serious consequences for your child’s future. Call a juvenile criminal defense attorney who has defended/prosecuted hundreds of juvenile cases. We have the most experience and knowledge to get the best result.
What if a police officer questions my child without my presence?
A statement or admission of a juvenile because of “custodial interrogation” without a parent, legal guardian or custodian present is not admissible in court. To question a juvenile regarding a delinquent act, a parent or legal guardian must be present and advised of their Miranda rights. Parents can waive their right to be present with a written waiver.
However, if the Court finds that the juvenile was represented by counsel or that the juvenile made a knowing, intelligent, and voluntary waiver of rights AND is 18 years of age or older, the statements can be admitted in court.
What if I was the victim in my child’s case?
All victims may be entitled to various victim services through the local District Attorney’s Office. In these cases, the court will usually appoint a GAL (guardian ad litem) to advise the court on what steps would be “in the best interest of the child.”
Can juveniles be charged as adults?
Under Colorado state law, a young person aged 12 to 17 can be tried in criminal court for class 1 and 2 felonies. These include serious violent crimes and sex offenses.
Sometimes a case begins in juvenile court, and the judge agrees to transfer it to criminal court. Other times, prosecutors press charges in criminal court from the start – this is called a direct file. Then the minor can file a reverse-transfer motion in an attempt to get the criminal case moved to juvenile court.
It is always in a child’s best interest to have a case litigated in the juvenile court system rather than the adult criminal justice system. Juvenile court cases have laxer penalties and fewer long-term ramifications than criminal misdemeanor and felony convictions.
Can juvenile records be expunged?
You can usually expunge your juvenile records if the following three conditions are true.
- You have not since been adjudicated as a juvenile delinquent for, or convicted of, any felony or misdemeanor offense involving domestic violence, unlawful sexual behavior, or possession of a weapon; and
- There are no felony, misdemeanor, or delinquency actions pending or being instituted against you; and
- You have paid all court-ordered restitution or are currently on a restitution repayment agreement with the court collections investigator.
Also, note that you must request a court hearing to get an expungement.
You are not eligible to petition for an expungement order if:
1. You were adjudicated for a felony offense involving unlawful sexual behavior; or
2. You were adjudicated an aggravated juvenile offender; or
3. You were adjudicated a violent juvenile offender; or
4. You were adjudicated of homicide and related offense; or
5. You were charged, adjudicated, or convicted of any traffic offense or infraction.