Juvenile Archives - The Juba Law Office PLLC http://jubalawoffice.com/category/juvenile/ A Full-Service Litigation Law Firm Fri, 27 Jun 2025 16:05:25 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 https://jubalawoffice.com/wp-content/uploads/2022/04/favicon.png Juvenile Archives - The Juba Law Office PLLC http://jubalawoffice.com/category/juvenile/ 32 32 Does a Juvenile Need a Lawyer for a Minor Offense? Here’s Why the Answer Is Yes https://jubalawoffice.com/does-a-juvenile-need-a-lawyer-for-a-minor-offense-heres-why-the-answer-is-yes/ Fri, 27 Jun 2025 16:05:25 +0000 https://jubalawoffice.com/?p=1991 If your child has been accused of a minor offense in Colorado—maybe shoplifting, vandalism, or underage drinking—it’s natural to feel like it’s “not a big deal.” After all, kids make mistakes. But even small charges in juvenile court can carry serious consequences that follow a young person for years. That’s why the answer to whether […]

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does a juvenile need a lawyerIf your child has been accused of a minor offense in Colorado—maybe shoplifting, vandalism, or underage drinking—it’s natural to feel like it’s “not a big deal.” After all, kids make mistakes. But even small charges in juvenile court can carry serious consequences that follow a young person for years. That’s why the answer to whether your child needs a lawyer is, almost always, yes.

Here’s what every parent or guardian in Colorado should know.

Juvenile Court Is Not Just a Slap on the Wrist

Juvenile court is indeed meant to be rehabilitative, not punitive (i.e., intended for punishment). The system emphasizes second chances and helping young people learn from their mistakes. But that doesn’t mean the process is casual or low-stakes.

In Colorado, juveniles who are adjudicated delinquent—that’s the juvenile equivalent of being found guilty—can face:

  • Probation
  • Community service
  • Fines and fees
  • Mandatory counseling or classes
  • Detention in a juvenile facility

A criminal record that, while sealed from public view in many cases, may still be accessed by certain agencies

Even for low-level offenses, the outcome depends heavily on how the case is handled. Without a lawyer, your child may miss out on diversion programs or plea options that could help them avoid a formal adjudication altogether.

A Lawyer Knows How to Navigate the System

Juvenile cases move quickly, and the rules differ from those in adult court. Having a defense attorney who understands Colorado’s juvenile justice system ensures that your child’s rights are protected at every stage, from the initial police contact to court hearings.

A lawyer can help:

  • Evaluate whether the police stop or arrest was legal
  • Challenge evidence that may have been obtained improperly
  • Negotiate with the district attorney for reduced charges or diversion
  • Guide you through paperwork and court procedures
  • Make sure your child’s side of the story is fully heard

Sometimes, the offense may seem minor enough that the court offers diversion immediately. That’s a good outcome, but even then, an attorney can help you understand what diversion means, how to fulfill the requirements, and how to ensure the case is fully resolved without mistakes that could delay sealing the record later.

Protecting the Future

Juvenile records in Colorado don’t automatically disappear when a child turns 18. While many offenses can eventually be expunged, that process isn’t automatic and requires certain conditions to be met.

A skilled lawyer can help ensure that your child’s case is resolved in a way that keeps the door open for record sealing or expungement later on. That can make a real difference when your child applies to college, joins the military, or starts looking for jobs.

In other words, your legal strategy today can shape your child’s opportunities tomorrow.

What If We’re Offered a Plea Deal?

In juvenile cases, prosecutors often offer what sounds like a straightforward plea deal. Parents sometimes assume that agreeing to the agreement will make the case “go away” faster. But pleading guilty—even to a petty offense—can still create a formal record.

Before accepting any plea offer, you must understand precisely what your child agrees to. An attorney can review the deal, explain the consequences in plain language, and offer advice on whether there are better options.

When in Doubt, Talk to a Lawyer

No one wants to see their child in legal trouble, and it’s understandable to want to move on quickly. But even a seemingly minor offense can have lasting effects, especially if you try to handle it alone.

At The Juba Law Office, we treat juvenile cases with the seriousness they deserve. We’re here to protect your child’s rights and help your family navigate the process with clarity and compassion. If you’re facing a juvenile charge and don’t know where to turn, reach out. A quick conversation can make all the difference.

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When Peer Pressure Leads to Criminal Charges: How to Defend Your Teen https://jubalawoffice.com/when-peer-pressure-leads-to-criminal-charges-how-to-defend-your-teen/ Fri, 13 Jun 2025 15:00:54 +0000 https://jubalawoffice.com/?p=1982 Peer pressure is a powerful force, especially during the teenage years. Most parents remember the feeling of wanting to fit in, even if it meant making choices they later regretted. However, for some teens, giving in to peer pressure can result in something far more serious than a bad haircut or poor grades. It can […]

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juvenile criminal charges ColoradoPeer pressure is a powerful force, especially during the teenage years. Most parents remember the feeling of wanting to fit in, even if it meant making choices they later regretted. However, for some teens, giving in to peer pressure can result in something far more serious than a bad haircut or poor grades. It can lead to juvenile criminal charges in Colorado that carry lasting consequences.

If your child has been charged with a crime after being influenced by friends or classmates, you’re likely feeling overwhelmed, confused, and more than a little worried. You’re not alone—and you’re not powerless. With the right legal approach, protecting your teen’s future is often possible while helping them learn from the experience.

Here’s what you need to know.

Peer Pressure Isn’t a Legal Defense—But It Can Matter

First, let’s be clear: saying “my friends made me do it” is not a legal defense in Colorado. However, the surrounding circumstances—including your child’s age, maturity level, and involvement—can influence how the case is handled.

For example, a teen who played a minor role in a group offense (say, being present during a shoplifting incident but not stealing anything themselves) may be eligible for diversion or a reduced charge, especially if this is their first offense.

Judges, prosecutors, and juvenile justice professionals often consider peer influence when deciding whether to offer alternatives to formal adjudication.

How Juvenile Charges Work in Colorado

When a minor is arrested in Colorado, their case usually goes through the juvenile justice system, which operates separately from adult criminal court. The system is designed with rehabilitation in mind, but that doesn’t mean it’s lenient or easy to navigate.

  • Possible outcomes of a juvenile case include:
  • Diversion programs (which allow a teen to avoid a formal record)
  • Probation
  • Community service
  • Counseling or treatment programs
  • Placement in a juvenile detention facility

Each case is different, and the outcome depends on many factors—the charges, whether the teen has a prior record, how cooperative they are, and whether there’s a clear support system at home.

This is where an experienced defense attorney can make a big difference. A lawyer familiar with Colorado’s juvenile system can help present your child’s situation in the most favorable light and protect their future.

Importance of Early Legal Help

If your child has been charged or is under investigation, getting legal help early is critical. Don’t wait to see what happens. Even informal interviews or school-based questioning can shape the direction of the case.

A juvenile defense attorney can:

  • Intervene before charges are formally filed
  • Help secure a diversion agreement or deferred adjudication
  • Ensure your teen’s rights are protected during questioning
  • Advocate for a second chance, not a permanent mark on their record

Families are often surprised by how harsh the process can feel, even for first-time offenses. That’s why having someone on your side who knows the system and can guide you through it is so important.

Helping Teens Take Responsibility—Without Being Defined by a Mistake

Teens make impulsive choices. Sometimes, those choices have consequences that reach further than they ever imagined. But one mistake, especially one made under peer pressure, shouldn’t define your child for the rest of their life.

The goal of a strong defense isn’t just to fight the charge—it’s to make sure your teen is treated fairly, given the chance to grow, and not saddled with a criminal record that limits their future options.

We’re Here to Help

Is your child facing juvenile criminal charges in Colorado? Do you believe peer pressure played a role? Don’t try to handle it alone. Reach out today to The Juba Law Office to speak with an experienced juvenile defense attorney who can help protect your child’s future and find a path forward.

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What Are the Penalties for Underage Drinking or Drug Possession? https://jubalawoffice.com/what-are-the-penalties-for-underage-drinking-or-drug-possession/ Mon, 28 Apr 2025 15:00:15 +0000 https://jubalawoffice.com/?p=1917 In Colorado, underage drinking and drug possession are serious offenses. If you’re under 21, even one mistake can lead to lasting consequences. It’s important to understand what the law says and how it can affect your future. Underage Drinking: Minor in Possession (MIP) Colorado law makes it illegal for anyone under 21 to possess or […]

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what are the penalties for underage drinkingIn Colorado, underage drinking and drug possession are serious offenses. If you’re under 21, even one mistake can lead to lasting consequences. It’s important to understand what the law says and how it can affect your future.

Underage Drinking: Minor in Possession (MIP)

Colorado law makes it illegal for anyone under 21 to possess or consume alcohol or marijuana. This is known as “Minor in Possession” or MIP. It’s a petty offense but can still lead to legal trouble.

Here’s what you need to know:

  • First Offense: You face a $100 fine. You may also have to attend a drug or alcohol education class.
  • Second Offense: You could get another fine, mandatory substance abuse assessment, and up to 24 hours of community service.
  • Third or More: You may face increased fines, treatment requirements, and up to 36 hours of community service.

A first offense is usually sealed automatically after the case ends. For second and third offenses, you must wait a year before asking the court to seal the record.

Underage Marijuana Possession

Possession of up to two ounces of marijuana by someone under 21 is also treated as MIP. You won’t be charged in juvenile court with more than a petty offense unless you were carrying more significant amounts. The same penalties for alcohol MIPs apply to marijuana MIPs.

Controlled Substances and More Serious Charges

If you’re under 21 and caught with illegal drugs like cocaine, LSD, or MDMA, the penalties are harsher. If caught with these types of substances, you can be charged in juvenile court with a drug misdemeanor or drug felony, and the punishment could range from probation to time in the Division of Youth Services (“DYS”). However, a juvenile adjudication for this type of offense is typically expungable, meaning you would have a clean record once you are finished with your sentence.

Legal Exceptions

There are a few narrow exceptions under Colorado law for alcohol or marijuana possession by a minor:

  • Religious Use: Some limited protections exist if alcohol or marijuana is used as part of a religious ceremony.
  • Medical Emergencies: If you call 911 to help someone with alcohol or drug poisoning, you may be immune from MIP charges—if you stay on the scene and cooperate.

Colorado law also makes an exception for students in culinary or food service programs who taste (not drink) alcohol under supervision.

You can view the official statute here: Colorado Revised Statutes § 18-13-122.

Why You Need a Lawyer

Underage drinking or drug charges can snowball. A single conviction may lead to lost scholarships, job rejections, or even future legal issues. Courts offer programs to help young people avoid a permanent record—but you need to know how to access them.

Working with an attorney ensures that your rights are protected. A lawyer can help you explore diversion programs, fight unfair charges, and reduce long-term consequences.

The legal system can be confusing, especially when it involves minors. The Juba Law Office understands Colorado law and how these cases are handled. If you or your child is facing charges, reach out. Having an experienced attorney can make all the difference.

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How to Prepare for a Juvenile Detention Hearing: A Parent’s Guide https://jubalawoffice.com/how-to-prepare-for-a-juvenile-detention-hearing-a-parents-guide/ Fri, 25 Apr 2025 21:13:30 +0000 https://jubalawoffice.com/?p=1914 If your child is facing a juvenile detention hearing in Colorado, the situation can feel overwhelming. But as a parent, you can play an important role. Understanding the process and preparing for the hearing can help protect your child’s immediate wellbeing and their future. What Is a Juvenile Detention Hearing? A juvenile detention hearing happens […]

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juvenile detention hearingIf your child is facing a juvenile detention hearing in Colorado, the situation can feel overwhelming. But as a parent, you can play an important role. Understanding the process and preparing for the hearing can help protect your child’s immediate wellbeing and their future.

What Is a Juvenile Detention Hearing?

A juvenile detention hearing happens after a child is arrested and detained. The court must hold this hearing within 48 hours, not counting weekends or holidays. The purpose of the hearing is for the judge or magistrate to decide whether your child should stay in detention or be released before the next court date.

The judge will look at several things, including:

  • Nature of the alleged offense
  • Your child’s behavior and criminal history
  • Whether your child is a risk to others
  • Whether you can provide proper supervision at home

Your Child’s Rights

In Colorado, juveniles have legal rights just like adults. These include the right to:

  • Have an attorney. If you cannot afford one, the court will appoint one.
  • Be present and hear the charges.
  • Remain silent.

Make sure your child understands these rights before the hearing. If possible, speak with an attorney together ahead of time.

What You Can Do Before the Hearing

Preparation is key. Here are a few steps you can take before the hearing:

  • Collect Records: Bring report cards, awards, or other school records. These can show your child’s positive behavior.
  • Character Letters: Ask teachers, mentors, or religious leaders to write letters describing your child’s character.
  • Plan for Supervision: Be ready to explain how you will monitor your child if they are released. Judges will want to know your child will be safe and supervised.

If your child has special needs or is receiving counseling, bring documentation. This can show that they have support outside the system.

Possible Outcomes

The judge can make one of several decisions:

  • Release your child to your custody and place your child on pre-trial supervision, meaning that a pre-trial officer will monitor your child throughout the pendency of the case and ensure that they are compliant in the community. The requirements of pre-trial supervision may include being placed on a GPS monitor, giving urine samples to test for drugs and/or alcohol, complying with a curfew, and/or participating in therapeutic or educational services in the community.
  • Release your child to your custody and place your child on summons status, meaning that your child will not be on pre-trial supervision and will instead be supervised solely by you.
  • Detain your child until the next court date. This usually happens only if the court thinks your child might flee (based on a prior pattern of not appearing at court hearings) or commit another offense, or if your child has several prior juvenile cases, lacks supervision in the community, or are accused of committing a violent or serious offense.

Sometimes, the judge may order your child to return for another hearing with a more thorough assessment.

Regardless of whether the judge releases your child from detention or not, the next hearing, called a Return on Filing, will be held within 72 hours, not counting weekends or holidays. This hearing is another opportunity for an attorney to argue that your child should be released.

Know the Law

Colorado law lays out the rules for juvenile detention hearings. The key statute is Colorado Revised Statutes § 19-2.5-305. This law explains the time limits for hearings, the criteria judges must consider, and your child’s legal rights.

Familiarizing yourself with this law can help you feel more confident going into the hearing.

Why Legal Help Matters

Juvenile hearings move fast. Decisions made early on can affect the rest of the case—and sometimes your child’s record for years. That’s why having an attorney is so important.

An attorney can:

  • Represent your child in court
  • Speak on their behalf
  • Advocate for release and fair conditions
  • Guide you through what happens next

Working with an experienced attorney ensures you won’t miss necessary steps or options that could help your child.

We’ll Support You When You Need it Most

The juvenile justice system is tough to navigate alone. At The Juba Law Office, we understand how stressful this experience can be for families. Our team has the experience and dedication to guide you through each step of the detention process. If your child is facing a juvenile hearing, speak with an attorney as soon as possible.

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What to Do If the Police Want to Question Your Child https://jubalawoffice.com/what-to-do-if-the-police-want-to-question-your-child/ Fri, 28 Mar 2025 15:00:13 +0000 https://jubalawoffice.com/?p=1890 It’s every parent’s nightmare. The police call or show up at your door, asking to speak with your child. You may feel pressured to cooperate, but it’s critical to understand your child’s rights and protect their future. Do You Have to Let the Police Question Your Child? No, you don’t. Your child has the same […]

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what to do if the police want to question your childIt’s every parent’s nightmare. The police call or show up at your door, asking to speak with your child. You may feel pressured to cooperate, but it’s critical to understand your child’s rights and protect their future.

Do You Have to Let the Police Question Your Child?

No, you don’t. Your child has the same legal rights as an adult, including the right to remain silent and the right to an attorney. If an officer asks to speak with your child, you have every right to refuse. And your child also has the right to refuse to answer any questions.

Should You Be Present During Questioning?

Yes. Law enforcement must get parental consent before questioning a minor in a custodial interrogation. This does not necessarily apply to non-custodial questioning.

Colorado’s law governing police questioning of minors is outlined in Revised Statutes Section 19-2.5-203. This statute details the conditions under which a juvenile’s statements during custodial interrogation are admissible, emphasizing the necessity for the presence of a parent, guardian, or legal custodian, and proper advisement of the juvenile’s rights.

What If the Police Say Your Child Is Just a Witness?

Even if officers say your child is not in trouble, be cautious. Anything your child says can be used against them or someone else. Kids and teens often don’t realize how their words may be misinterpreted. Plus, a person can be guilty for the actions of another under a theory of complicity. Many times young people will speak to the police, because they didn’t actually commit any physical act, but then unintentionally confess to a crime. A person can still be guilty by “aiding or abetting” the commission of a crime by another person. Speaking without legal guidance can lead to unintended consequences.

Can the Police Question Your Child Without a Lawyer?

It depends. If your child is in custody, officers must inform them of their rights, including the right to an attorney. If they ask for a lawyer, questioning must stop. If they are not in custody, police may still try to ask questions without a lawyer present. Either way, your child should not answer without legal counsel.

What Should You Say to the Police?

If officers ask to speak with your child, stay calm and polite. You can say:

  • “I want to be present for any questioning.”
  • “My child will not answer questions without a lawyer.”
  • “Is my child being charged with a crime?”

If your child is not under arrest, ask if they are free to leave. If they are, take them and go.

Is Your Child Under Arrest?

If your child is arrested, do not allow them to answer any questions. Tell them to remain silent and request an attorney immediately. Juvenile cases can have lasting consequences, including a criminal record, court-ordered programs, and even detention. An attorney can help protect their rights and future.

Beyond the legal issues, an arrest can be an emotional shock for both you and your child. Fear, confusion, and anxiety are common reactions. Your child may not fully understand what is happening or what they are facing. They may feel ashamed, overwhelmed, or worried about disappointing you. As a parent, you might experience frustration, anger, or helplessness. These feelings are normal.

It’s important to reassure your child that you will support them and take the necessary legal steps to protect them. Acting calmly and getting legal help quickly can ease some of the stress and help you focus on the best path forward.

Protect Your Child’s Rights

If the police want to question your child, don’t go through it alone. Legal guidance can make all the difference. Contact the Juba Law Office today to get the help you need.

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What Happens If Your Teen Is Charged as an Adult? https://jubalawoffice.com/what-happens-if-your-teen-is-charged-as-an-adult/ Fri, 28 Feb 2025 16:00:56 +0000 https://jubalawoffice.com/?p=1884 Juvenile crime is serious, but in some cases, the stakes get even higher. When a teenager is charged as an adult, the consequences can be life-changing. Many parents don’t realize that this is possible until it happens. Understanding how the law works can help you protect your child’s future. When Can a Teen Be Charged […]

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what happens if your teen is charged as an adultJuvenile crime is serious, but in some cases, the stakes get even higher. When a teenager is charged as an adult, the consequences can be life-changing. Many parents don’t realize that this is possible until it happens. Understanding how the law works can help you protect your child’s future.

When Can a Teen Be Charged as an Adult?

The legal system separates juveniles from adults, but not always. In some cases, a minor can be prosecuted in adult court. This usually happens in one of three ways:

  • Direct File: Prosecutors have the power to charge certain juveniles directly in adult court. This usually applies to serious offenses like violent felonies. Colorado Revised Statutes Section 19-2.5-801 addresses the direct filing of charges against juveniles in adult court, specifying the offenses and age requirements for such filings.
  • Judicial Transfer: A judge can move a case from juvenile to adult court after a hearing. In Colorado, the procedures and criteria for transferring a juvenile case to adult court are outlined in Colorado Revised Statutes Section 19-2.5-802.
  • Statutory Exclusion: Some crimes are automatically handled in adult court based on the law, such as certain traffic offenses.

Age and offense type matter. The older the teen and the more serious the charge, the more likely they are to face adult prosecution.

What Are the Consequences?

Being charged as an adult changes everything. Juvenile court focuses on rehabilitation, while adult court is about punishment. The consequences may include:

  • Harsher sentences: Adult penalties are much stricter. Instead of juvenile detention, a teen could face years in prison.
  • Permanent criminal record: A juvenile record can often be expunged, but most adult convictions stay public.
  • Loss of opportunities: A criminal record can make it harder to get a job, housing, or higher education.

Can the Case Be Moved Back to Juvenile Court?

Yes, but it depends on the situation. A defense attorney can file a motion to transfer the case back to juvenile court. The judge will look at factors like the teen’s age, criminal history, and the details of the case. Strong legal representation makes a big difference in these hearings.

Emotional Toll on Families

The stress of having a teen charged as an adult can be overwhelming. Parents often feel helpless and unsure of what steps to take next. The legal process is complex, and without proper guidance, families can quickly become lost. Beyond the legal implications, the emotional strain can impact relationships, school performance, and overall mental health. Seeking support from professionals, including attorneys and counselors, can help navigate this difficult time.

Role of an Attorney

A defense attorney plays a critical role in these cases. They examine the evidence, build a strong defense, and negotiate with prosecutors. In some situations, an attorney can argue for reduced charges or alternative sentencing options that focus on rehabilitation rather than punishment. Having legal support early in the process increases the chances of a better outcome.

What Should Parents Do?

If your teen is charged as an adult, you must act fast. The earlier you get legal help, the better the chances of avoiding adult prosecution. Every case is different, but a skilled attorney can fight for the best possible outcome.

At Juba Law Office, we understand how stressful this is for families. If your child is facing serious charges, reach out today. Let’s discuss your options and work toward protecting their future.

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Is Your Child Facing Serious Charges? Understanding Juvenile Felony Cases https://jubalawoffice.com/is-your-child-facing-serious-charges-understanding-juvenile-felony-cases/ Mon, 27 Jan 2025 17:55:25 +0000 https://jubalawoffice.com/?p=1869 It’s devastating for you and your child when he or she is accused of a felony. The legal process can be confusing and the potential consequences can be life-altering. Understanding the differences between juvenile and adult felony cases is crucial to navigating the situation effectively and protecting your child’s future. Key Differences Between Juvenile and […]

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juvenile felony casesIt’s devastating for you and your child when he or she is accused of a felony. The legal process can be confusing and the potential consequences can be life-altering. Understanding the differences between juvenile and adult felony cases is crucial to navigating the situation effectively and protecting your child’s future.

Key Differences Between Juvenile and Adult Felony Cases

While both juvenile and adult felony cases involve serious charges, the systems in which they are handled operate differently. Here are some of the key distinctions:

Purpose of the Legal System

The juvenile justice system is designed to rehabilitate rather than punish. Courts aim to provide minors with opportunities to learn from their mistakes and avoid repeating them in the future. In contrast, the adult criminal justice system focuses more on punishment and deterrence.

Court Proceedings

Juvenile felony cases are typically heard in juvenile court, which is less formal than adult court. Proceedings are often closed to the public to protect the minor’s privacy. On the other hand, adult felony cases are usually public, and the accused’s information becomes part of the public record.

Sentencing

If a juvenile is found to have committed a felony, the consequences may include probation, community service, counseling, or placement in a juvenile detention facility. Sentences are often tailored to the individual’s needs and circumstances. In adult cases, sentences can include lengthy prison terms, heavy fines, and a permanent criminal record.

Record Expungement

Juvenile records are more likely to be expunged, making it easier for a minor to move forward without the stigma of a criminal record. It’s rarer in the adult system for records to be sealed or expunged. They are typically permanent unless specific legal action is taken.

Possibility of Being Tried as an Adult

In some cases, juveniles charged with serious felonies may be tried as adults. This decision often depends on factors such as the severity of the offense, the minor’s age, and their prior criminal history. Being tried as an adult exposes the child to harsher penalties and a criminal record that is not easily sealed.

Why You Need an Experienced Juvenile Felony Attorney

Facing felony charges is a serious matter, especially for a young person whose future hangs in the balance. Attempting to handle the case without legal representation is risky and could result in severe consequences for your child, including:

  • Harsher sentences: Without a skilled attorney, your child might face penalties that could have been mitigated with proper legal advocacy.
  • Transfer to adult court: An experienced attorney can fight to keep the case in juvenile court, where the focus is on rehabilitation rather than punishment.
  • Long-term impact: Mishandling the case could lead to a permanent criminal record, affecting your child’s ability to get into college, secure employment, or even find housing.

A knowledgeable attorney can evaluate the evidence, negotiate with prosecutors, and advocate for your child in court. They can also help you understand the legal process, ensuring you make informed decisions at every stage.

Protect Your Child’s Future

Your child’s future is too important to leave to chance. Navigating the complexities of the juvenile justice system requires expertise and a deep understanding of how these cases work. If your child is facing felony charges, don’t wait to seek help. Contact the Juba Law Office to discuss your case. A consultation can help you understand your child’s options and take the right steps forward.

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How Juvenile Records Impact Adulthood https://jubalawoffice.com/how-juvenile-records-impact-adulthood/ Fri, 03 Jan 2025 19:00:27 +0000 https://jubalawoffice.com/?p=1852 Young people sometimes make poor decisions due to inexperience. Unfortunately, those mistakes can follow them into adulthood. In Colorado, a juvenile record can impact employment, housing, education, and more. Thankfully, you might be able to minimize the long-term consequences of youthful mistakes. Understanding expungement options can help protect your or your child’s future. How a […]

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how juvenile records impact adulthoodYoung people sometimes make poor decisions due to inexperience. Unfortunately, those mistakes can follow them into adulthood. In Colorado, a juvenile record can impact employment, housing, education, and more. Thankfully, you might be able to minimize the long-term consequences of youthful mistakes. Understanding expungement options can help protect your or your child’s future.

How a Juvenile Record Can Affect You

A juvenile record is created when the court adjudicates a minor guilty of a crime. While these records are not always as public as adult records, they can still cause problems later in life. For example:

  • Employment: Many employers run background checks. A juvenile adjudication may limit job opportunities, especially in careers that require professional licenses or security clearances.
  • Housing: A juvenile record can affect your ability to rent a property or find a place to live.
  • Education: Some colleges and universities ask about criminal history. A juvenile record might affect admissions decisions or eligibility for scholarships.
  • Military Service: Depending on the offense, the military may be less likely to accept someone with a juvenile record.

Sealing vs. Expunging Juvenile Records

Colorado law offers two ways to clear or hide records, but only expungement is an option for juvenile crimes.

When an adult record is sealed, it becomes invisible to the public. Only certain parties, like law enforcement, can access sealed records. Expungement, on the other hand, completely erases the record. It’s as if the offense never happened.

Eligibility for Expunging

Under Colorado law (C.R.S. §19-1-306), you can expunge a juvenile record under certain conditions.

Expungement Eligibility

If:

  • Charges were dismissed or you were found not guilty, you can usually have the record expunged immediately.
  • You completed a diversion program or deferred adjudication, you can apply for expungement.
  • You were adjudicated (found guilty) for a petty offense or misdemeanor, you may qualify for expungement after a waiting period.

Serious crimes, such as violent felonies, usually cannot be expunged.

Why You Should Work with an Attorney

The process can be complicated. Filing paperwork correctly and on time is crucial. An attorney can guide you through each step and help make a strong case for expunging the record. They can also explain how the law applies to your specific situation and ensure you meet all the requirements.

If you or your child is facing a criminal charge, working with an attorney from the start is key. Early legal guidance can help protect your future. An attorney can negotiate for diversion programs or deferred adjudication, which can later make expungement easier.

The Juba Law Office can answer your questions and help you navigate the process. Taking action now can make a big difference later.

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Juvenile Crimes That Can Be Charged as Adult https://jubalawoffice.com/juvenile-crimes-that-can-be-charged-as-adult/ Fri, 08 Nov 2024 19:00:43 +0000 https://jubalawoffice.com/?p=1814 Many people assume that criminal cases involving juveniles are automatically handled in juvenile court, where the primary goal is rehabilitation. However, in some situations, a juvenile can be tried as an adult. This puts them at risk of much harsher consequences. This shift is not just procedural. It can dramatically impact the penalties and the […]

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juvenile crimes that can be charged as adultMany people assume that criminal cases involving juveniles are automatically handled in juvenile court, where the primary goal is rehabilitation. However, in some situations, a juvenile can be tried as an adult. This puts them at risk of much harsher consequences. This shift is not just procedural. It can dramatically impact the penalties and the juvenile’s future.

Colorado Statutes

In Colorado, district attorneys may have the power to direct file adult criminal charges against juveniles only under certain circumstances. The statutes governing the prosecution of juveniles as adults are found in Title 19 of the Colorado Revised Statutes (C.R.S.), specifically:

C.R.S. § 19-2.5-801 – Direct Filing: This statute outlines the circumstances under which a district attorney may file charges against a juvenile directly in district court, effectively prosecuting the juvenile as an adult. It specifies age and offense criteria for such direct filings.

C.R.S. § 19-2.5-802 – Transfers: This section details the procedures and criteria for transferring a juvenile case from juvenile court to district court. It includes considerations for the juvenile’s age, the nature of the alleged offense, and the juvenile’s prior delinquency history.

COLORADO PUBLIC LAW

C.R.S. § 19-2.5-305 – Detention and Shelter: While primarily focused on detention procedures, this statute also addresses the confinement of juveniles who are to be tried as adults, specifying restrictions on holding such juveniles in adult facilities.

Why Being Charged as an Adult Matters

The key difference between juvenile and adult courts is in the purpose and outcome. Rehabilitation is the primary goal of juvenile court. Ideally, minors accused of crimes get a chance to correct their behavior and reintegrate into society. Penalties often involve counseling, probation, or time in a juvenile detention facility until the minor reaches a certain age. And while many believe that nobody will know if a crime was committed by a juvenile, schools, employers, or the military can still access juvenile records in certain circumstances.

In adult court, however, the focus shifts to punishment. This means that juveniles tried as adults face the same penalties as adult offenders. This can include long-term imprisonment in adult correctional facilities. Moreover, a conviction in adult court results in a permanent criminal record, which can affect the juvenile’s ability to find employment, pursue higher education, or even find housing later in life.

Importance of Working with an Attorney

Regardless of whether authorities charge someone in juvenile or adult court, it’s crucial to work with an experienced attorney. A lawyer will protect the juvenile’s legal rights. They’ll also argue to keep the case in juvenile court. Even a judge transfers the case to adult court, an attorney can negotiate for reduced charges, alternative sentencing, or other legal strategies that can lessen the long-term impact of a conviction.

Juvenile crimes are serious. The potential for being charged as an adult adds an extra layer of risk. Having a qualified attorney by your side ensures that every possible defense is explored, and the future of the juvenile is protected. If you have questions or you’d like to speak to someone about your circumstances, contact the Juba Law Office.

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Do You Need a Lawyer for Juvenile Court? https://jubalawoffice.com/do-you-need-a-lawyer-for-juvenile-court/ Fri, 25 Oct 2024 18:00:31 +0000 https://jubalawoffice.com/?p=1791 Many parents or guardians wonder if working with a lawyer is necessary when your child faces criminal charges. Some might suggest that juvenile court isn’t as serious as adult criminal court, but that’s a dangerous misconception. While juvenile court handles cases involving minors, the stakes can still be very high. Hiring a qualified attorney to […]

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do you need a lawyer for juvenile courtMany parents or guardians wonder if working with a lawyer is necessary when your child faces criminal charges. Some might suggest that juvenile court isn’t as serious as adult criminal court, but that’s a dangerous misconception. While juvenile court handles cases involving minors, the stakes can still be very high. Hiring a qualified attorney to represent you or your child is crucial to navigating the legal process and protecting your future.

Why Juvenile Court is Serious

Juvenile court is not a lenient alternative to adult criminal court. While the juvenile court system prioritizes rehabilitation over punishment, the consequences of a negative outcome in juvenile court can still be life-altering. Convictions, called “adjudications” in juvenile cases, can lead to fines, community service, probation, mandatory counseling, and even time spent in a juvenile detention or commitment facility. In more severe cases, a juvenile record can impact your child’s future by limiting educational and employment opportunities.

Additionally, certain offenses committed as a minor can follow you into adulthood. Although often expunged after a certain period, juvenile records may still be accessed by schools, employers, or the military in certain circumstances. If a child faces serious charges, there’s even the possibility of being tried as an adult, which can result in much harsher penalties.

Juveniles and Colorado Laws

In Colorado, the statutes governing the prosecution of juveniles as adults are found in Title 19 of the Colorado Revised Statutes (C.R.S.), specifically:

C.R.S. § 19-2.5-801Direct Filing: This statute outlines the circumstances under which a district attorney may file charges against a juvenile directly in district court, effectively prosecuting the juvenile as an adult. It specifies age and offense criteria for such direct filings.

C.R.S. § 19-2.5-802Transfers: This section details the procedures and criteria for transferring a juvenile case from juvenile court to district court. It includes considerations for the juvenile’s age, the nature of the alleged offense, and the juvenile’s prior delinquency history.

COLORADO PUBLIC LAW

C.R.S. § 19-2.5-305Detention and Shelter: While primarily focused on detention procedures, this statute also addresses the confinement of juveniles who are to be tried as adults, specifying restrictions on holding such juveniles in adult facilities.
JUSTIA LAW

These statutes collectively establish the legal framework for determining when and how a juvenile may be prosecuted as an adult in Colorado.

Role of a Lawyer in Juvenile Court

Juvenile law is complex. Having a lawyer ensures that your child’s rights are protected at every step. Here are several ways a lawyer can help:

  • Legal expertise: A skilled juvenile defense attorney understands the nuances of juvenile law and how the system works. They assess the evidence against your child, negotiate with prosecutors, and identify any procedural issues that could benefit your defense.
  • Protection of rights: In any criminal case, including juvenile cases, the accused has certain rights, such as protection against self-incrimination and the right to due process. A lawyer ensures that law enforcement, the courts, and the prosecution do not infringe upon these rights.
  • Negotiating lesser penalties: In many cases, an attorney can negotiate with the prosecution to reduce charges or seek alternative penalties, such as counseling, community service, or diversion programs, which allow the juvenile to avoid detention and a formal conviction or adjudication.
  • Advocating for rehabilitation: Since the goal of juvenile court is rehabilitation rather than punishment, an attorney can argue for options that focus on helping your child grow from the experience without being burdened by a harsh penalty. This could involve enrolling the child in treatment programs, counseling, or educational initiatives.
  • Minimizing long-term consequences: A lawyer can work to prevent a criminal conviction from haunting your child in the future. They might seek dismissal of charges or advocate for record sealing or expungement after the case is resolved. These tools significantly mitigate long-term effects on your child’s future.

Consequences of Not Hiring a Lawyer

Without proper legal representation, you risk a negative outcome in juvenile court. This could have lasting effects on your child’s future. Juvenile detention can disrupt schooling and social development, and create a stigma that follows them into adulthood.

Additionally, without a lawyer to protect your child’s rights, there’s a greater chance of receiving harsher penalties than necessary. For example, your child might be placed in a juvenile detention facility. This is in lieu of being offered rehabilitation programs or alternative sentencing.

Hiring a lawyer for juvenile court is not just a formality. It is a necessary step in protecting your child’s rights, future, and freedom. The consequences of a juvenile adjudication can extend far beyond the courtroom. They can potentially impact your child’s education, job prospects, and social life. A qualified juvenile defense attorney works to ensure the best possible outcome. They’ll advocate for rehabilitation over punishment and fighting to safeguard your child’s future. Even in juvenile court, the stakes are high, and having an attorney by your side can make all the difference.

At the Juba Law Office, we understand the overwhelming experience of a having a child accused of a crime. If you want to protect your child from the most damaging outcome, we’ll guide you through the legal process. Contact us today to schedule a consultation.

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Do Juveniles Have the Right to a Jury Trial? https://jubalawoffice.com/do-juveniles-have-the-right-to-a-jury-trial/ https://jubalawoffice.com/do-juveniles-have-the-right-to-a-jury-trial/#respond Thu, 22 Aug 2024 19:27:42 +0000 https://jubalawoffice.com/?p=1698 The American justice system guarantees adult citizens the right to a jury trial as a fundamental component of fair legal proceedings in most criminal cases. However, this right applies differently to juveniles (people under 18). Understanding whether juveniles have the right to a jury trial involves examining the purpose of the juvenile justice system and […]

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do juveniles have the right to a jury trialThe American justice system guarantees adult citizens the right to a jury trial as a fundamental component of fair legal proceedings in most criminal cases. However, this right applies differently to juveniles (people under 18). Understanding whether juveniles have the right to a jury trial involves examining the purpose of the juvenile justice system and the legal principles guiding it.

If your child is facing criminal charges, you must seek legal counsel to navigate this complex area of law. Here’s what juveniles and their guardians should know.

Understanding a Jury Trial

A jury trial is a legal proceeding where a those involved in the trial select a group of citizens, called a jury, to hear the evidence in a case. They then make a decision based on that evidence. This process ensures that an impartial groups of their peers judge defendants, rather than solely by a judge.

The Sixth Amendment of the US Constitution guarantees the right to a jury trial for adults in the United States. The Amendment statesthat “the accused shall enjoy the right to a speedy and public trial, by an impartial jury.”

Purpose of the Juvenile Justice System

The juvenile justice system in the United States operates under a different but similar set of principles compared to the adult criminal justice system. It focuses more on rehabilitation than punishment. The goal is to provide juveniles with the guidance and support needed to become responsible and productive members of society.

This rehabilitative approach is based on the belief that young people have a greater capacity for change than adults. The system believes their actions are often the result of immaturity rather than criminal intent.

However, because they are minors their rights are not as extensive as those offered to adults. Although laws vary from state to state, Colorado juveniles only have the right to a jury trial under certain circumstances.

Juveniles and the Right to a Jury Trial in Colorado

In Colorado, juveniles have limited rights to a jury trial, which are governed by state statute. According to Colorado Revised Statute § 19-2.5-610, a juvenile may request a discretionary jury trial only in cases where the charged offenses would be considered felonies if committed by an adult. Whether to grant a jury trial in these cases is at the discretion of the court. However, a juvenile is entitled to a jury trial by right if the juvenile is charged as an Aggravated Juvenile Offender or is charged with a Crime of Violence.

Not all juvenile cases qualify for a jury trial. It’s crucial to understand the specific circumstances under which this right is granted. Consulting a knowledgeable attorney is essential to navigate these legal complexities.

Law provides more information about a juvenile’s right to a jury trial.

Seeking Legal Counsel

If your child is facing criminal charges, understanding their rights and the nuances of the juvenile justice system is critical. Juvenile proceedings can have long-lasting impacts on a young person’s future. Navigating these legal waters requires expertise and experience.

Consulting with an attorney who specializes in juvenile law can provide invaluable guidance. An experienced lawyer can explain your rights and help you build a strong defense. They’ll assist you in negotiating the best possible income based on your circumstances.

For more information or to speak to someone if your child was charged with a crime, contact the Juba Law Office to schedule a consultation.

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The Most Common Juvenile Crimes and Their Consequences in Colorado https://jubalawoffice.com/the-most-common-juvenile-crimes-and-their-consequences-in-colorado/ https://jubalawoffice.com/the-most-common-juvenile-crimes-and-their-consequences-in-colorado/#respond Tue, 26 Jul 2022 12:34:16 +0000 https://jubalawoffice.com/?p=493 Even if you think your child may never participate in crimes, such occurrences can happen. The reasons behind these common juvenile crimes vary from boredom to peer pressure to testing the limits of what they can and can’t get away with. Common Juvenile Crimes Are you the parent of a juvenile in Colorado? You may […]

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The Most Common Juvenile Crimes and Their Consequences in ColoradoEven if you think your child may never participate in crimes, such occurrences can happen. The reasons behind these common juvenile crimes vary from boredom to peer pressure to testing the limits of what they can and can’t get away with.

Common Juvenile Crimes

Are you the parent of a juvenile in Colorado? You may not even realize that a number of the most common juvenile crimes count as crimes. Some simply view them as common adolescent behavior. In the state of Colorado, here are a few of the most common juvenile crimes:

  • Curfew violations
  • Alcohol offenses
  • Trespassing
  • Disorderly conduct
  • Harassment
  • Loitering
  • Possession of marijuana
  • Criminal mischief
  • Reckless endangerment

Types of Juveniles

According to Colorado juvenile law, two types of offenses can be committed by a juvenile. The juvenile court system prosecutes juveniles who:

  1. Commit acts of delinquency – Acts that would be considered criminal if committed by an adult, e.g., burglary or trespassing.
  2. Commit status offenses – Acts that are only illegal because they were committed by a minor, e.g., truancy or violating curfew.

Consequences for Juvenile Crimes

One of two things may happen when a child is picked up as a delinquent or a status offender. The police may issue a summons to appear in court and release the juvenile back to the parents or guardians. Or, the juvenile may be detained in a juvenile detention center and brought before a juvenile court magistrate or judge for a detention hearing.

Minor juvenile offenses may be prosecuted at the municipal level in any one of the many municipal courts around the state. More serious offenses will likely be prosecuted at the state level in Denver juvenile court or one of the County District Courts, based on the location of the alleged offense. Regardless of where you are being prosecuted, a juvenile has the same constitutional rights. This includes the right to plead not guilty, the right to be presumed innocent, and the right to a trial. If a juvenile is found guilty at a trial, the court will proceed to a sentence. This is where the judge or magistrate is supposed to decide what will be best to rehabilitate the young person. Sentencing options include a period of supervised or unsupervised probation, placement out of the home, or commitment to the Division of Youth Services. If property damage or other monetary damage is caused, the sentence could also include restitution. This would be a requirement to pay money for whatever damages were caused by the act.

All municipal juvenile offenses will be expunged once the case is closed, regardless of the outcome of the proceeding, including where the juvenile goes to trial and is found guilty. Most state-level juvenile offenses can also be expunged, depending on the type of offense and whether the juvenile has any prior offenses.

Hiring a Lawyer

If your child has been charged with a crime in municipal court, Denver Juvenile Court, or any other District Court in Colorado, you need to hire a juvenile criminal lawyer. The lawyers at the Juba Law Office specialize in representing juveniles charged with all types of crimes. We can work on securing the best outcome for your child. We offer holistic juvenile representation, including negotiating the best outcomes, defending the charges at trial, and working to expunge your juvenile record.

Get in touch with our team at Juba Law Office for the best juvenile defense in the state.

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