In Boulder County, people under the age of 18 are generally tried and punished differently than those above the age of 18. When Juveniles commit crimes, the law looks at it as an opportunity for rehabilitation. But for “adults,” this is not an option. It is all about excessive punishment. However, when juveniles commit crimes that are deemed too harmful to society, like Sexual Assault, Assault, and other violent crimes, the District Attorney can request a Direct File to the Boulder District Court.
What is a Direct File / Filing in Boulder?
In Boulder County, and in Weld County, a Direct File is when the D.A. feels the crime the juvenile committed, should be charged as if it were committed by an adult. In Colorado, because of a 2012 law that Governor John Hickenlooper signed, a teen must be at least 16 years of age for their act to even potentially justify a Direct Filing against them.
What Crimes Can be Directly Filed Against a Juvenile in Weld County?
In Weld County, not every Juvenile can be accused or alleged of doing a crime that deserves a Direct File. According to the Children’s Code for Direct Filing, C.R.S. 19-2-517, a Juvenile must meet certain requirements for them to eligible to be tried as an adult:
(a) The juvenile is sixteen years of age or older at the time of the commission of the alleged offense and:
(I) Is alleged to have committed a class 1 or class 2 felony; or
(II) Is alleged to have committed a sexual assault that is a crime of violence; or
(III) (A) Is alleged to have committed a felony enumerated as a crime of violence or is alleged to have committed sexual assault, sexual assault on a child, or sexual assault on a child by one in a position of trust; and
(B) Is found to have a prior adjudicated felony offense;
If the DA Requests a Direct File, You Can Appeal in Longmont
In Longmont, just because the District Attorney requests a Direct File does not mean that your child will automatically be charged as an adult. If you have a competent and experienced Juvenile defense lawyer, then they will know to appeal this decision immediately. The judge may decide that the prosecutor is too focused on punishment or that the crime does not fall into the categories mentioned above. A good defense lawyer will do appeal the DA to ensure that your child is tried in Juvenile Court.
How does Sentencing Work if Tried as an Adult in Logan County?
In Logan County, if a Juvenile is convicted as an adult due to a Direct Filing, they will be transferred to different correctional facilities based on their age. While the juvenile is still 21 or younger, they will carry out their sentence in the Colorado Department of Human Services, in the Division of Youth Services, or the Department of Youth Corrections. Once they are 21, they will be moved to the Department of Corrections where they will finish their sentence.
IS YOUR LOVED ONE A JUVENILE FACING CRIMINAL CHARGES IN GREELEY OR WELD COUNTY?
If so, be smart, exercise their right to remain silent, and call the experienced juvenile defense attorneys at O’Malley Law Office today.
Call 970-616-6009 or fill out the Get Help Now form to meet with an affordable criminal defense lawyer in Weld County and the Greeley area for a free consultation.
Together, we can protect your child’s future.
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