When a minor is accused of a serious crime, one of the biggest concerns for both the juvenile and their family is whether the case will remain in juvenile court or be transferred to adult court. In Colorado, certain circumstances allow a juvenile to be charged as an adult, which can lead to more severe penalties, longer prison sentences, and fewer opportunities for rehabilitation.
Understanding when and how a juvenile can be prosecuted as an adult is critical for those facing charges. This knowledge can help families prepare for the legal process, explore potential defense strategies, and take necessary steps to protect the child’s future.
When Can a Juvenile Be Charged as an Adult in Colorado?
Colorado law allows prosecutors to charge minors as adults under specific conditions. The process for transferring a case from juvenile court to adult court depends on the minor’s age, the severity of the crime, and whether the individual has a history of previous offenses. There are three primary ways this can happen:
- Direct File by the Prosecutor – Under Colorado Revised Statutes § 19-2.5-801, the district attorney has the authority to directly file adult charges against a juvenile who is at least 16 years old and accused of a violent felony. This means the case bypasses the juvenile court system entirely.
- Judicial Transfer (Waiver) – If a minor is 12 years of age or older and facing felony charges, a judge may transfer the case to adult court if they determine that juvenile rehabilitation programs would not be sufficient. This usually happens after a hearing where both the defense and prosecution present arguments.
- Automatic Transfer for Certain Crimes – Some crimes, such as first-degree murder, may result in an automatic transfer to adult court depending on the circumstances and the minor’s age.
Regardless of how a case is transferred, the decision to charge a juvenile as an adult can have life-altering consequences. A conviction in adult court can lead to harsher sentencing and fewer options for rehabilitation.
What Types of Crimes Can Lead to Adult Charges?
Not every juvenile offense qualifies for adult prosecution. Colorado law typically reserves adult charges for the most serious crimes, including:
- First-degree murder
- Second-degree murder
- Sexual assault
- Kidnapping
- Aggravated robbery
- Felony assault
- Use of a deadly weapon during a crime
While these crimes are the most common reasons for a juvenile to be tried as an adult, other factors, such as gang-related activity, prior convictions, or an extensive criminal history, may also influence the decision.
Key Differences Between Juvenile Court and Adult Court
The Colorado juvenile justice system is designed to focus on rehabilitation, recognizing that young people are still developing and may benefit from education and intervention programs rather than strict punishment. However, once a case is moved to adult court, the focus shifts from rehabilitation to penalties and incarceration.
Some key differences include:
- Sentencing – Juvenile court sentences often involve probation, community service, rehabilitation programs, or placement in a juvenile detention facility. In contrast, adult court sentencing includes state prison time, higher fines, and fewer opportunities for alternative sentencing.
- Record Sealing – Juvenile records are often sealed or expunged after a certain period, allowing minors to move forward without the burden of a criminal record. Convictions in adult court, however, remain on an individual’s record permanently, affecting employment and housing opportunities.
- Parole and Probation – Juvenile offenders typically receive more supervision and support services upon release. Adult offenders may face stricter parole conditions with fewer rehabilitative options.
- Prison vs. Juvenile Detention – Minors in the juvenile system are placed in youth detention centers that provide educational and counseling services. In adult court, a convicted juvenile could be sent to an adult prison, where they may face harsher conditions.
Because of these significant differences, avoiding adult court prosecution is often the best way to protect a minor’s future. Working with an experienced juvenile defense attorney can make a substantial impact in seeking alternative options.
Can a Juvenile Case Be Moved Back to Juvenile Court?
Even if a prosecutor initially files adult charges, there are opportunities to request a transfer back to juvenile court. This process, known as a “reverse transfer” hearing, allows the defense to argue that the minor would be better served in the juvenile justice system.
During this hearing, the judge considers several factors, including:
- The minor’s age and maturity level
- Whether they have a prior criminal history
- The likelihood of successful rehabilitation in juvenile court
- The severity of the offense
If the judge agrees with the defense, the case is transferred back to juvenile court, where the focus will be on rehabilitation rather than long-term incarceration.
How Can a Juvenile Defense Attorney Help?
When a minor faces adult charges, the legal system becomes far more complex, and the stakes are significantly higher. An experienced defense attorney can provide the legal guidance and advocacy necessary to seek the best possible outcome. Some of the ways a lawyer can assist include:
- Challenging the Transfer to Adult Court – Arguing that the juvenile should remain in the youth justice system based on factors such as age, lack of criminal history, or potential for rehabilitation.
- Negotiating Reduced Charges – In some cases, an attorney may work to have the charges reduced, which can prevent a transfer to adult court altogether.
- Building a Strong Defense – Developing a legal strategy to challenge the prosecution’s evidence, question the validity of witness statements, and present mitigating circumstances.
- Exploring Alternative Sentencing – If a conviction is unavoidable, an attorney can advocate for alternative sentencing options, such as rehabilitation programs, probation, or community service.
Call Datz Law Firm for Legal Assistance
Being tried as an adult can change a young person’s life forever. With the potential for long prison sentences, a permanent criminal record, and the loss of future opportunities, it is critical to seek strong legal representation. At Datz Law Firm, we are committed to defending juveniles facing serious charges and working to keep cases within the juvenile justice system whenever possible.
If your child is at risk of being prosecuted as an adult in Colorado, do not wait to seek legal help. Contact us today for a consultation and find out how we can fight for their future.
