We often see serious cases for juveniles in the news discussing whether the juvenile will be charged as an adult. Charging a minor as an adult, or Direct Filing, occurs when the juvenile’s actions are seen as too harmful to society to allow for the juvenile to be treated as a child. Currently, when a juvenile is charged with a crime, the court tends to focus on rehabilitation instead of punitive measures. Meaning, it’s not just about punishing the child; it’s about repairing the damage caused and working to make sure the juvenile is reformed and will not offend again. However, anyone 16 or 17 charged with a violent offense can have their case filed into adult district court, where the punishments they face are the same as what an adult would face if they were charged with that crime.
Proponents for Transferring an Adult Case to a Juvenile Case in Larimer County
As a society, we have decided that 18 years old means the person is an adult. But, science and research says that a person is still developing the decision making part of the brain until about 25 years old. Because of this, a lawmaker is suggesting that adults aged 18-25 have the opportunity to request their case be transferred to juvenile court. Basically, if you meet certain criteria, you could qualify for the opposite of a Direct Filing – having an adult case refiled as a juvenile one.
Opposition for this New Proposed Law in Colorado
In order for a late teen / early 20-year-old to be considered for a move to juvenile court, they must have been charged with a non-violent offense. The purpose of the bill is not to let people off the hook for their actions, but instead to make the consequences more age appropriate. As you can imagine, there are some very against this proposed law. Those opposing the bill say that 18-year-olds get all the benefits of adulthood, like the right to bear arms, vote and join the military. They argue 18 -25 year olds should not be given these responsibilities, but then not be held as accountable for their actions. They also argue that those who are charged with sex offenses should not be allowed to lessen the consequences related to their cases.
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free consultation. Together, we can protect your future.
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