When Children Can be Tried as Adults: Direct File FAQs (Pt. 2)

August 31, 2014

Picking up from where When Children Can be Tried as Adults: Direct File FAQs (Pt. 1) left off, here we will continue to answer some common questions people have about direct file cases.

Direct File Cases: More Answers to Commonly Asked Questions

Q: What is the youngest age at which a juvenile can be tried as an adult?

According to Colorado law, children as young as 12 can be tried as adults in Colorado. Here are some more answers to common questions about direct file cases.

A: According to Colorado law, juveniles as young as 12 years old can be tried as adults, though this is rare and is typically limited to cases in which the child has committed some very serious offense. In fact, juveniles who are 12 years old will usually only face the possibility of being tried as adults in district court if the alleged offenses they have committed were:

• Class 1 or 2 felony offenses
• Crimes of violence.

Q: What are typically the circumstances under which a DA will directly file a juvenile case in the adult court system?

A: The following are generally the circumstances in which a prosecutor will file a juvenile criminal case with the adult district court:

• The juvenile was at least 16 years old when he allegedly committed the offense.
• The juvenile is charged with a class 1 or 2 felony crime.
• The juvenile is alleged to have committed a violent sexual assault.
• The juvenile has been convicted of at least one prior felony offense and is alleged (in the current case) to have committed a violent crime or some type of sexual assault.
• The juvenile has previously been charged as an adult in a prior case.

Q: Can the court, instead of the DA, transfer a juvenile case to the district court?

A: Yes. The court, as well as the prosecutor, has the discretion to transfer a juvenile criminal case to the adult district court. In general, the juvenile court will transfer a juvenile criminal case to the district court if or when:

• The juvenile was at least 12 or 13 years old when he allegedly committed an offense that was a violent crime or a Class 1 or 2 felony;
• The juvenile was 14 years old when he allegedly committed any offense that would be a felony if an adult had committed it.

Be sure to check out the upcoming conclusion to this blog for some additional important info regarding what happens when juveniles are tried as adults in direct file cases.

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• Immediately start providing your child with the strongest possible defense
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Categories: Blogs, Criminal Defense FAQs, Juvenile Crimes