Direct Filing

Direct Filing Juvenile Attorney in Denver | Lawyer for Direct File in Colorado

Juvenile Direct Filing, or Direct File, refers to the process in Denver and across Colorado where juveniles are charged as adults in more severe criminal cases. If a child is accused or arrested for a serious crime, such as a crime of violence, Sexual Assault, Homicide / Murder, or Kidnapping, they can be charged like adults in court. As of April, 2012, courts are required to have a hearing to determine whether a juvenile can be tried as an adult if the juvenile asks for it.

Juvenile Direct Filing Lawyer in Adams County, Colorado: When Can Juveniles Be Tried as Adults?

A child can be charged as an adult in Adams County, Jefferson County and everywhere else in Colorado, according to C.R.S. 19-2-517, if:

(a) They are 16 years of age or older at the time the alleged offense was committed and;

(I) They are alleged to have committed a class 1 or class 2 felony; or

(II) They are alleged to have committed a sexual assault that is a crime of violence, or a sexual assault under the circumstances listed in C.R.S. 18-3-402(5)(a); or

(III) (A) They are alleged to have committed a felony listed as a crime of violence (other than a sexual assault), Sexual Assault, Sexual Assault on a Child or Sexual Assault on a Child by One in a Position of Trust; and

(B) They have a prior adjudicated felony offense.

Another factor that can determine whether a teen or juvenile is charged as an adult is if the district attorney appeals the district court's original jurisdiction, or they want to transfer a juvenile court proceeding (that's pending) to the district court.

What Court Can Prosecute Juveniles as Adults in Douglas County, Colorado?

In Douglas County, Arapahoe County and everywhere else in Colorado, according to C.R.S. 19-2-104, the juvenile court has jurisdiction over a juvenile ten years of age or older who has violated:

1. Any federal or state law (except nonfelony state traffic, game and fish, parks and recreation laws or rules, and offenses related to tobacco products, alcohol, marijuana, marijuana concentrate or marijuana paraphernalia);

2. Any county or municipal ordinance (except traffic ordinances), where the penalty could be a jail sentence of more than ten days;

3. Any court order made under title 19. Title 19 of the Colorado Revised Statutes is considered the Colorado Children's Code and deals with juvenile offenses.

Juvenile Direct Filing Lawyers and Transfer Hearings in Denver, Colorado, C.R.S. 19-2-518

According to C.R.S. 19-2-518, the juvenile court may enter an order certifying a juvenile to be charged in district court if:

1. The juvenile was 12 or 13 years old at the time the offense was committed and is a juvenile delinquent alleged to have committed a class 1 or class 2 felony, or crime of violence;

2. The juvenile was 14 years of age or older at the time the offense was committed and was alleged to have committed a delinquent act that constitutes a felony; and

3. After investigation and a hearing, the juvenile court finds it would be contrary to the best interests of the juvenile or of the public to retain jurisdiction in the juvenile court.

In considering whether a juvenile will be held in district court, many things will be considered. These may be the impact of the offense on the victim, the record and previous history of the juvenile, the maturity of the juvenile, or whether the offense committed by the juvenile was committed in an aggressive, violent, premeditated or willful manner. There are many other factors involved, so you should always consult an experienced Denver juvenile lawyer to handle your child's juvenile case and answer any questions you may have.

Juveniles in Colorado Can File a Motion to Transfer Case to Juvenile Court

Across Colorado, juveniles charged with a Direct Filing have a right to appeal their court placement. After a juvenile case has been charged by direct filing, they may file a motion to transfer their case to juvenile court. In considering whether the juvenile case should be moved to juvenile court, the court will consider a number of factors. Some of these factors include the seriousness of the alleged offense, whether the offense was against people or property, the record and previous history of the juvenile, or the current and past mental health status of the juvenile.

Why You Need the Best Juvenile Criminal Lawyers in Denver, Colorado

A skilled juvenile criminal defense attorney who is familiar with all procedures of juvenile court is indispensable in your child's criminal case. We know there are many situations where kids or juveniles are charged with a crime after making a mistake in judgment, or acting out of immaturity or anger. However, they still deserve to have a legal advocate on their side that will fight hard to protect their futures. Along with our exceptional juvenile lawyers, therapists, psychiatrists, and defense counselors also play important roles in helping protect your child's future and reputation. Call the best criminal defense attorneys at the O'Malley Law Office today if you have more questions about how juvenile cases are handled in Colorado.

If your child has been charged with a crime or contacted by police in Colorado, be smart and exercise your child's right to remain silent. Then, call the criminal defense lawyers at the O'Malley Law Office at 303-731-0719. Together, we can protect your child's future.

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