In early December, a fatal shooting in Westminster Park killed one man and wounded another. The alleged shooter is a 16-year-old, who is being charged as an adult. He is facing Second Degree Murder and First Degree Assault among other charges. So, how is it that a teen can be charged and tried as an adult? The legal proceedings are under Colorado’s Children’s Code: Transfers (C.R.S. 19-2-518) or Direct Filing, (C.R.S. 19-2-517) which allow for a juvenile to be transferred to district court for adult charges.
How Can a Teen Be Sent to District Court?
There are certain elements which the Larimer, Boulder and Grand County Courts must consider in order for a juvenile to be charged as an adult, or transferred to district court and tried as an adult. Those elements are:
- Juvenile’s age
- Charged offense or offenses
- Juvenile’s past criminal record
- Whether or not the district attorney seeks the juvenile to be transferred to district court
The First Method- Direct Filing: Charging a Juvenile as an Adult in Larimer County
C.R.S. 19-2-517 – Direct Filing – means the Larimer County District Attorney can file charges against a juvenile directly in the adult district court. This is only allowed if:
- The juvenile was 16 years old or older at the time of the alleged offense; and
- Is alleged to have committed a class 1 or class 2 felony; or
- Is alleged to have committed a sexual assault – crime of violence; or
- Is alleged to have committed a felony crime of violence, Sexual Assault, Sexual Assault on a Child, Sexual Assault on a Child by One in a Position of Trust; and
- Has a previous felony offense
- Has been charged or transferred to district court previously.
The Second Method- Transfers: Moving a Juvenile Case to District Court
C.R.S. 19-2-518 – Transfers – means the Juvenile Court Judge makes a determination on whether the child should stay in juvenile court or be moved to district court. The judge will only consider this if:
- The juvenile was 12 or 13 years old at the time of the alleged offense and the offense would be considered a class 1 or class 2 felony or crime of violence if committed by an adult
- The juvenile was 14 years old or older at the time of the alleged offense and the offense would be considered a felony if committed by an adult.
If you, your child, or a loved one is being investigated for a criminal offense such as Burglary, Sexual Assault or Drug charges in Fort Collins, Loveland or Berthoud, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.