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When Children Can be Tried as Adults: Direct File FAQs (Pt. 3)

September 8, 2014

Here is the conclusion to our blog series When Children Can be Tried as Adults: Direct File FAQs.

Additional Answers to Questions about Direct File Cases for Juveniles

Q: If the DA transfers a juvenile’s case to the adult system, what happens next?

While these direct file FAQs provide some insight into what to expect when children are tried as adults, contact Christopher Griffin for more specific info about your case.

A: As soon as a juvenile criminal case has been transferred to the adult district court, the accused juvenile will be transferred from the juvenile detention center where he’s being held to the adult jail to await the resolution of his case (unless, of course, bail has been granted and posted).

At this point (either prior to or during the preliminary hearing in the case), the juvenile or a defense attorney representing him can request a reverse-transfer hearing, during which the defense can make a case for why the juvenile and the community would be better served by adjudicating the case in the juvenile court system.

If the judge presiding over this hearing agrees with the defense, then the case can be remitted back to the juvenile court system to be resolved. If not, then the case will likely proceed in the adult district court. When the trial begins in the adult court, there will be no possibility of getting the case transferred back to the juvenile system.

Q: If the juvenile is convicted in the adult district court, will the juvenile automatically go to prison?

A: Not necessarily. If a conviction is ultimately handed down in a juvenile case that has been tried in the adult district court (i.e., a direct file case), the judge presiding over that case will have the discretion to sentence the defendant as he or she sees fit.

In general, while this can include sentencing the juvenile to adult jail or prison, it may also involve sentencing the convicted juvenile to serve his sentence in the juvenile detention system. The bottom line here is that the sentencing in direct file cases will lie in the hands of the judge, who will have the discretion to penalize the convicted juvenile as he or she sees appropriate.

Denver and Boulder Metro Area Criminal Defense Lawyer at the Griffin Law Firm

Has your child been charged with a crime? If so, Christopher Griffin wants you to know that he is ready to immediately start providing your child with the strongest possible defense and will work diligently to minimize the chances that the case will be moved from the juvenile system to the adult criminal justice system.

At the Griffin Law Firm, Christopher Griffin and all of his dedicated support staff are committed to fiercely defending their clients’ rights and doing everything in their power to help each of our clients resolve their cases in the most favorable and efficient manner possible.

Contact Us Today

To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.