All good parents wish for the health and happiness of their children. If your child is facing charges in the juvenile justice system, you may feel as if his or her life is in jeopardy. You want to do everything you can to help.
At Wolf Law LLC, we understand the importance of your child’s future. Our attorneys are here to guide you through every step of your journey through the criminal justice system with compassion, diligence, and a commitment to protecting your family’s best interests.
Our dedicated team of attorneys approach each case with the utmost care, focusing on the unique needs of the juvenile and their family members. From minor infractions to more serious juvenile delinquency, we fight to secure the most favorable outcome, keeping your family’s future and well-being at the forefront.
Wolf Law LLC is not just about contesting charges; it’s about protecting families when they need it most. When you work with us, you’re not just hiring a law firm – you’re getting experienced allies who advocate for children and defend their rights.
Understanding Colorado’s Response to Juvenile Crimes
In general, a minor is anyone under the age of 18. A juvenile justice system handles many cases involving minors separately from adults.
Colorado Juvenile Justice and Delinquency Prevention (JJDP) focuses on prevention and early intervention via agencies such as:
- The Department of Education
- The Department of Human Services, Division of Child Welfare (CW)
- The Department of Public Health and Environment, Prevention Services Division
- The Department of Human Services, Office of Behavioral Health
These organizations provide structure, funding, standards, and oversight to community partners who work directly with youths and their families. In addition to delinquency prevention, the state also has programs for juveniles accused of committing criminal offenses and status offenders, which are youths who fall under the jurisdiction of courts due to repeated noncriminal issues like running away from home or skipping school.
State and city agencies like those listed below provide services like rehabilitation, probation, or supervision for juveniles facing criminal charges:
- Municipal police departments
- County sheriffs’ offices
- The Colorado State Patrol
- District attorney’s offices
- The Department of Human Services Division of Youth Services (DYS)
Young people charged with serious delinquent acts could be charged as adults. Whether the juvenile justice system or an adult court handles his or her case can make a massive difference as to future job prospects and criminal history. Knowing your rights is crucial to ensuring just and fair treatment.
Navigating the Juvenile Justice System
The district attorney’s office decides whether to file charges in juvenile cases. Prosecutors review the evidence gathered by law enforcement and decide whether there is probable cause to file charges. If charges are filed, the prosecutor works on behalf of the government to prove the child committed the offense.
Arrests and trials
When a minor is arrested for a delinquent act, law enforcement officers take the child into temporary custody. A detention hearing is promptly held, to decide whether the juveniles held in custody should remain in a youth facility or be released to their parents while waiting for court.
In the next step, charges are read. A child may either admit guilt or challenge the charges. If the case moves forward, a trial will be held. A trial in juvenile court is often less formal than an adult court trial, but a judge decides if the accused is guilty in either case.
Juvenile court and facilities
A juvenile court focuses on helping children learn from their mistakes rather than punishing them as adult courts do. Judges in juvenile courts consider the child’s background, behavior, and circumstances to decide the best course of action.
Some children may be sent to juvenile facilities for a time, which are designed to provide rehabilitation through education and counseling. The goal is to help the kids become responsible members of the community while keeping them away from more serious criminals.
A district attorney is a public official who prosecutes cases for state or federal governments. Sometimes a district attorney will petition a court to try a minor as an adult for serious offenses like violent crimes.
Yet, who cares for your son or daughter more than you do? You probably understand how scary and damaging an adult trial or prison sentence could be for your loved one.
Rather than allow district attorneys to lock up your child with adults, why not hire a lawyer who understands the juvenile justice system? He or she can fight to keep the young person under the jurisdiction of juvenile courts.
Since juvenile court often provides more opportunities for delinquency prevention and rehabilitation than adult courts do, this is often the best option.
The adult system
Some states, including Colorado, might try juveniles in criminal court and impose adult sanctions under specific circumstances involving:
- Felonies: Severe non-violent or violent crimes regarded as more serious than a misdemeanor and punishable by imprisonment or death
- Capital crimes: Actions punishable by death (e.g., murder, sexual assault, arson, treason, or acts of terror)
- Murder: The crime of unlawfully and unjustifiably ending the life of a person
- Person offenses: Crimes against persons (e.g., criminal homicide, forcible rape, aggravated assault, kidnapping, false imprisonment)
- Property offenses: Crimes involving property (e.g., burglary, larceny, auto theft, arson, vandalism, trespassing with the intent to commit a crime)
- Drugs: The illegal sale, purchase, distribution, manufacturing, transporting, or possession of controlled substances or drug paraphernalia
- Weapons: Also known as offenses against public order, weapon charges involve the unlawful sale, distribution, manufacture, alteration, or use of deadly or dangerous weapons or accessories
Most states have a “once an adult, always an adult” provision that requires criminal court for subsequent charges if courts find a young person guilty of the initial offense.
Many proactive parents secure the best defense lawyers for young defendants, doing their best to keep their children out of the adult system. All hope is not lost, though, if a district attorney recommends an adult trial for your child.
An experienced attorney can help your family take advantage of mitigating provisions, such as:
- Reverse waiver: A legal process where a case, initially filed in adult court, is transferred back to juvenile court for trial or sentencing based on the circumstances of the juvenile’s case
- Juvenile blended sentencing: A sentence combining juvenile and adult penalties, allowing for harsher punishment if the juvenile doesn’t comply with rehabilitation
- Juvenile and criminal inclusive blended sentencing: A juvenile is sentenced under both juvenile and adult criminal systems, with the adult sentence suspended unless certain conditions are violated
At Wolf Law LLC, we understand that the decision to transfer a case from a juvenile to an adult court encompasses many factors besides age, namely:
- If the crime involved weapons
- If the person is considered a flight risk
- The youth’s attitude and cooperativeness with treatment
- Where the juvenile lives
- The juvenile’s offense history
- The availability of treatment alternatives
- The length of time available for sanctions
- Public safety
- The best interests of juveniles charged with criminal acts
Our attorneys strive to present evidence to the courts so that their decisions rely on a well-rounded picture of our clients. You might wonder, “What can I do to minimize the damage a delinquent act charge brings to my kid?”
Protecting Your Child During Legal Proceedings
Parents are often their child’s most potent advocate from childhood through adulthood. What you do now can significantly impact your child’s future. Each section below explains how you can contribute to a solid foundation for your case.
Insist on due process
Due process means every citizen, regardless of age, is entitled to fair treatment in the adult or juvenile court system. A lawyer familiar with the court system can ensure judicial proceedings are carried out fairly by established rules and principles.
Being transparent with your lawyer and maintaining open communication with your children can go a long way in supporting his or her defense. Your lawyer can help you gather relevant documents, like school records and personal testimonies, to strengthen your case. You should also keep all your appointments for court hearings and follow court orders.
Address mental health issues
Mental health often influences children’s behavior. Professionals in this field can perform evaluations and tests that reveal insight into their emotional and psychological state. Parents can use these findings to seek appropriate support services to manage the emotional toll on all members of the family, not just their young ones.
Nurturing your son’s or daughter’s psychological well-being can help your kid cope with the juvenile justice process. Participation in therapy can also influence the court to seek rehabilitation instead of punishment.
Understand the GAL provision
The court may appoint a guardian ad litem (GAL) to represent a child’s best interests in legal matters. If a parent cannot serve as a legal representative, a GAL can talk with the juvenile and other involved parties.
The guardian ad litem’s role is to ensure the defendant’s voice and needs are heard, providing recommendations to the court that serve the young person’s well-being.
For example, a parent might rely on a GAL if he or she:
- Is charged with committing a crime witnessed by the juvenile or of which the child is a victim
- Has conflicting interests because of another case
- Is unwilling or unable to assert parent privileges due to mental or physical health challenges, additions, estrangement, geographical separation, or lack of control of the underage defendant
Do you have questions? Contact our law firm for a free consultation to introduce you to the legal process. Our team can explain the charges the juvenile is facing and the possible outcomes.
Pursue a bright future after juvenile justice involvement
After involvement with the juvenile justice system, rehabilitation options can help your family return to regular life. Programs focused on education, counseling, and skill-building offer a second chance, steering juveniles away from future trouble.
Families play a key role in delinquency prevention. Encouraging positive friendships and addressing negative influences helps keep your young ones on the right path while partnering with human services and schools could further support their success and personal growth. A stable environment and wholesome friends are powerful tools to prevent further juvenile crimes and guide at-risk youth toward brighter futures.
Protect What Matters Most
As a parent, you should be aware of two common mistakes to avoid. First, don’t assume that innocence is a foolproof defense in the judicial world. The juvenile justice system is imperfect, so your son or daughter’s rights may need to be defended.
The second mistake is failing to secure professional legal help. Without proper representation, a juvenile might unnecessarily end up in the adult criminal justice system. Such an outcome could lead to irreparable damage to that kid’s future, limiting opportunities in education, employment, and personal growth.
By partnering with the experienced attorneys of Wolf Law LLC, you can be assured that we will use our extensive resources and expertise to pursue the best possible defense. Take the first step toward safeguarding your family’s future by calling 720-479-8574 to schedule a free consultation.
