Charged With A Crime? It Doesn’t Mean You’re Guilty.

Basalt Boys Charged in Homicide-Murder Conspiracy: C.R.S. 18-2-201

| May 21, 2012 | Homicide |

Denver Conspiracy Attorney

The 5th Judicial District Attorney’s office (comprised of Eagle, Lake, Summit, and Clear Creek County) wants two Basalt, Colorado boys to be tried as adults. The 15 and 17 year-old boys are facing charges for conspiracy to commit Homicide – Murder (C.R.S. 18-3-102) and Kidnapping (C.R.S. 18-3-301) another juvenile. The District Attorney will ask the court to move the case from Juvenile court to District Court. The boys allegedly planned to lure another boy into a park, beat him with baseball bats, tie him up, and drag him into the woods to let him starve to death.

Adams County Conspiracy Lawyer- How Do You Prove Conspiracy?

In jurisdictions such as Denver, Adams, and Jefferson County Colorado, in order to prove a conspiracy, the prosecution must establish that:

1) Two or more people agreed that they will engage in a crime

2) With the intent to promote or facilitate its commission

3) An overt act in pursuance of the conspiracy is completed by one of the members of the conspiracy.

In this case, the boys’ parents found maps detailing some of the aspects of the alleged plot and turned the materials over to the Eagle County Sheriff’s Office. Whether prosecutors can establish that the boys actually intended to carry out the plot remains to be seen.

Charing a Child as an Adult in Douglas County

Colorado Governor John Hickenlooper signed a law into effect in April that no longer allows prosecutors to charge 14 and 15 year-olds in Colorado as adults without a transfer hearing. However, 16 and 17 year-olds may still be charged as adults without such a hearing in all Colorado jurisdictions including Douglas, Larimer, and Weld County.

Arapahoe County Juvenile Lawyer

While a conviction as an adult for conspiracy to commit first-degree Homicide – Murder and Kidnapping could send these boys to prison for decades, being tried as a juvenile would afford them greater options for a more lenient sentence, including rehabilitation programs like Colorado’s Youth Offenders Service. If they were to successfully complete such a program after six or seven years (typically), their prison sentences would be suspended.

If you have been charged with conspiracy to commit any crime as either a juvenile or an adult, do not face those accusations alone. The government will use every resource they have to subject you to the harshest possible penalty–even if you were acting in the ignorance of youth. At the O’Malley Office, we have years of experience defending juveniles and adults alike, and we will fight to protect your rights. If you are facing incarceration in Arapahoe, El Paso, or Boulder County, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together we can protect your future.