Juvenile Direct Filing Moves – District Attorneys Increasing the Stakes in Colorado
Juvenile criminal charges are normally filed in the juvenile court of each county – a branch of the District Court. Magistrates handle the bulk of juvenile cases in Denver, which are seen as less serious. Now, however, there is a process where the District Attorney can file charges against a juvenile in adult court. This process greatly raises the stakes on our kids. Read more on Direct Filing rules.
Juvenile Court Direct Filing in Jefferson and Arapahoe County – What Qualifies?
House Bill 1271, which went into law in 2012, limits when District Attorneys can charge kids as adults. Prior to this bill, many more kids faced adult prison. The bill is now law under C.R.S. 19-2-517, and it sets age requirements on Direct Filings. The child must be at least 16 years old before a direct filing, and the charges must be a class 1 or 2 felony. Other qualifying charges include a crime of violence sexual assault, crimes of violence, sexual assault on a child, kids with prior felony adjudications, and those with prior direct filing cases.
Direct Filing by the Douglas County District Attorney? The Juvenile’s Right to a Motion to Transfer
After the District Attorney files court papers to move the case to District Court, the juvenile has the opportunity to file a motion in District Court to move the case back to juvenile court. There is a very short window to file this motion in Douglas and Adams County. Procedural rules must be closely followed by your juvenile lawyer.
Judges in Adams County and a Ruling on a Motion to Transfer Back to Juvenile Court
Judges look at any Motion to Transfer your child’s case back to juvenile court carefully. They must consider things like how violent the offense is, whether the child has been in trouble before, whether the crime is against a person or property, the mental health status of the child, the likelihood of rehabilitation of the kid, the interests of the community, whether a gun or knife were used in the underlying crime and the impact of the crime on the victim. Other factors are important to, so consult closely with your Adams County Juvenile attorney.
If you have a Direct Filing juvenile case involving your child, call our juvenile lawyers today at 303-731-0719. Don’t let them go to adult prison without a fight. Together, we can protect your child’s future.
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