Juvenile Law Essay

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A person who is less than 18 years of age is considered a juvenile under Colorado law. If charged with a crime, he or she is treated differently than an adult. According to section 19-2-104, C.R.S., the Colorado juvenile justice system and the juvenile court have exclusive original jurisdiction concerning a juvenile 10 years of age or older who violates: ! Any federal or state law (except non-felony state traffic, game and fish, and parks and recreation laws or regulations); ! Certain laws concerning furnishing cigarrettes or tobacco products to minors; ! Certain laws concerning ethyl alcohol and marijuana; ! County or municipal ordinances, the penalty of which may be a jail sentence of more than ten days (except traffic ordinances);…show more content…
Is alleged to have committed any sexual offense classified as a class 3 felony, or sexual assault as described in section 18-3-402 (1) (d), C.R.S., and the juvenile, within the two previous years, has been adjudicated a juvenile delinquent for an act that constitutes a felony; or ! Is alleged to have committed a sexual offense that is a crime of violence as defined in section 18-3-406, C.R.S.; or ! Is alleged to have committed a felony sexual offense and is determined to be an habitual juvenile offender. The juvenile was 14 years of age or older at the time of the commission of the alleged offense, has allegedly committed a felony, and has previously been subject to proceedings in district court as a result of a direct filing pursuant to section 19-2-517, C.R.S. or a transfer pursuant to section 19-2-518, C.R.S. If a district attorney believes direct file charges may be appropriate, he or she must first file a notice of consideration of direct file with the juvenile court and provide a copy to the juvenile or his or her counsel. The district attorney's decision must be guided by…show more content…
Whether the district attorney invokes the district court's original jurisdiction or seeks to transfer a pending juvenile court proceeding to the district court. As a general rule, the likelihood that a district attorney may file criminal charges against a juvenile as an adult increases with the age of the juvenile, the severity of the charged offense, This summary contains information commonly requested from the Office of Legislative 1 Legal Services (OLLS). It does not represent an official legal position of the General Assembly or the State of Colorado and does not bind the members of the General Assembly. It is intended to provide a general overview of Colorado law as of the date of its preparation. Any person needing legal advice should consult his or her own lawyer and should not rely on the information in this memorandum. S:\PUBLIC\LLS\MEMOS\Law Summaries\WHEN A CHILD CAN BE TRIED AS AN ADULT.wpd Reviewed: August 16, 2011 Page 1 of 4 and the juvenile's past history of delinquency. Under Colorado law, the youngest age at which a child may be tried as an adult is 12, if the child is alleged to have committed a class 1 or 2 felony or a crime of violence and the juvenile court transfers the case to the district court. This is discussed in greater detail

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