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- Colorado Juvenile Criminal Law – Dorm Room Searches – Can University Police Search My Dorm Room?
- Colorado Juvenile Criminal Law – Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107
- If Your Child Is Arrested In A Colorado Juvenile Criminal Case – Some Tips For Parents From A Colorado Juvenile Criminal Defense Lawyer
- Is My Child Just Bad – Or Does He Have A Conduct Disorder – Defenses & Sentencing In Colorado Juvenile Law Cases
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- Avoiding Colorado Criminal Convictions – The Impact Of A Criminal History On College Applications
- Colorado Criminal Law – The Fraudulent Use Of Fake Or Phony ID’s By Underage Kids – What’s The Law?
- Colorado Juvenile Criminal Law – Why Children In Colorado Juvenile Court Should Be Unshackled – Unchained
- Colorado Juvenile Law – Lowest Age Before You Can Be Charged In Juvenile Court
- Colorado Criminal Law – Can The Police Detain Me While A Search Warrant Is Executed?
- Your Daughter Has Been Arrested – What Is The Impact On Her? – Colorado Juvenile Law
- Colorado Criminal Juvenile Law – Why Using Facebook Can Be A Very Dangerous Thing To Do
- In Colorado – Can The Police Question My Child Without My Permission?
- 2016 Update – Questioning Juveniles In Colorado Criminal Investigations – Miranda Rights
- A Colorado Juvenile Criminal Lawyer Often Represents “At Risk” Kids
- Kids, Guns, And Colorado Juvenile Law – A Dangerous Combination Section 18-12-108.5
- Colorado Criminal Law – Did My Child Just Confess At The School?
- Colorado Criminal Law – Understanding Searches Of Juveniles In Schools
- Understanding Colorado Minor In Possession (MIP) Cases – C.R.S. 18-13-122 – Colorado Juvenile Criminal Lawyer Series
- Colorado Juvenile Criminal Process Flowchart – ONE
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- Colorado Juvenile Criminal Process – The Arrest – Summons
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- The Filing Of Charges Decision In Colorado Juvenile Criminal Cases – The Charging Decision – Plea Bargaining Part I of II
- The Filing Of Charges Decision In Colorado Juvenile Criminal Cases – How Is The Case To Be Charged – Plea Bargaining Part II of II
- Colorado Juvenile Diversion Programs 19-1- 103(44) – An Important Warning – Speedy Trial – Statute of Limitations 6-5-401(1)(a)
- Colorado Juvenile Sentencing Part 2 – The Direct File Juvenile Offender Law
- Colorado Juvenile Criminal Process – The Adjudication Process
- Colorado Juvenile Law – The Right To A Speedier Speedy Trial 19-2-108 CRS
- Colorado Juvenile Criminal Trials – A Look At How They Work
- Colorado Juvenile Criminal Cases – Why Plea Bargaining In Juvenile Criminal Cases Is Different
- Colorado Juvenile Law – When IS There A Right To A Jury Trial? – C.R.S. 19- 2-107
- Colorado Juvenile Criminal Process – The Pre-sentence Investigation
- Colorado Juvenile Criminal Process – The Sentencing Decision
- The Colorado Juvenile Criminal Sentencing Hearing – Part I of III
- The Colorado Juvenile Criminal Sentencing Hearing – Part II of III
- The Colorado Juvenile Criminal Sentencing Hearing – Part III of III
- Understanding Colorado House Arrest – Home Detention Technology and Procedures
- A Denver Colorado Juvenile Crimes Lawyer Explains the Two Kinds Of “Juvi” Jail – DYC and YOS
- Understanding Colorado Juvenile Sentencing Part 1 – The Aggravated Juvenile Offender Law – § 19-2-601
- Colorado Juvenile Criminal Process – Post Conviction Issues
- Colorado Juvenile Law Statutes
- Sentencing Schedule – Options 19-2-907
- Colorado Juvenile Detention Screening Laws – C.R.S. 19-1-103(94.5), 19-2-212, 19-2-507(2),
- The Staff-Secure Facility C.R.S. 19-1-103, (101.5)
- Detention (JAIL) C.R.S. 19-2-507
- Issuance of a Lawful Warrant Taking a Juvenile into Custody – 19-2-503
- Release With Services C.R.S. 19-2-302
- Release to Parents or Guardian – C.R.S. 19-2-507(3)
- The Temporary Holding Facility C.R.S. 19-2-507(1)
- Aggravated Juvenile Offender 19-2-601
- Summons – Issuance – Contents – Service 19-2-514.
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- Informal Adjustment 19-2-703
- Juvenile Diversion Program – Authorized 19-2-303 and Diversion 19-2-704
- Deferral of Adjudication 19-2-709
- Juvenile Speedy trial – Procedural Schedule 19-2-108
- Evidentiary Considerations 19-2-802
- Admissibility Of Evidence At Juvenile Trials 19-2-803
- Procedures at Juvenile Trials 19-2-804
- Presentence Investigation 19-2-905
- Sentencing – Special Offenders – 19-2-908
- Sentencing – Persons Eighteen Years of Age or Older – County Jail – Community Corrections 19-2-910.
- Sentencing – Alternative Services – Detention 19-2-911
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- Sentencing – Probation – Supervised Work Program 19-2-913
- Sentencing – Community Accountability Program 19-2-914
- Sentencing – Legal Custody – Social Services 19-2-915
- Sentencing – Placement Based on Special Needs of the Juvenile 19-2-916
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- Sentencing – Requirements Imposed on Parents 19-2-919
- Out-of-home Placement – Runaways – Duty to Notify 19-2-920
- Commitment to Department of Human Services 19-2-921
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Colorado Juvenile Criminal Law – Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107
By H. Michael Steinberg Colorado Juvenile Criminal Lawyer
Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107
Juveniles Denied The Right To Jury Trial In Most Cases -19-2-107… It might come as a shock to many parents when they find out that in Colorado the right to a jury trial is not constitutionally required under the due process clause or equal protection clause of the Colorado state constitution, (Article II, § 25) unless the case falls into very specific and the most serious kinds of juvenile criminal charges.
The reason given? “The unique nature of juvenile proceedings” totally ignoring the “the potential consequences of a delinquency adjudication.” Due process in juvenile court does NOT GUARANTEE the right to a jury in any delinquency proceeding.
Here Is The Law Governing The Right Of Colorado Juveniles To A Jury Trial [With Analysis -“HMS” ]
19-2-107. Right to jury trial
[HMS – Section (1) allows for a jury trial in Colorado Juvenile Cases ONLY IF the juvenile is alleged to be an “aggravated juvenile offender” or the charge is a “crime of violence” (see definitions below).
(1) In any action in delinquency in which a juvenile is alleged to be an aggravated juvenile offender, as described in section 19-2-516, or is alleged to have committed an act that would constitute a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed by an adult, ..
[HMS – If you qualify because of the very serious nature of the charge – then and only then do you receive a “misdemeanor sized jury of 6.]
….the juvenile or the district attorney may demand a trial by a jury of not more than six persons except as provided in section 19-2-601 (3) (a), or the court, on its own motion, may order such a jury to try any case brought under this title, except as provided in subsection (2) of this section.
[HMS -Not right to jury for misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order.]
(2) The juvenile is not entitled to a trial by jury when the petition alleges a delinquent act which is a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order.
[HMS – You must ASK for the jury .. at the time you plead guilty – or you lose the right.]
(3) Unless a jury is demanded pursuant to subsection (1) of this section, it shall be deemed waived.
[HMS – Asking for a jury means the shortened speedy trial right for juvenile trials is enlarged from 60 days to 6 months.]
(4) Notwithstanding any other provisions of this article, in any action in delinquency in which a juvenile requests a jury pursuant to this section, the juvenile shall be deemed to have waived the sixty-day requirement for holding the adjudicatory trial established in section 19-2-708. In such a case, the juvenile’s right to a speedy trial shall be governed by section 18-1-405, C.R.S., and rule 48 (b) of the Colorado rules of criminal procedure.
Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107 – What Are The Crimes of Violence?
Mandatory Sentencing for Violent Crimes 18-1.3-406
(2) (a) (I) “Crime of violence” means any of the crimes specified in subparagraph (II) of this paragraph (a) committed, conspired to be committed, or attempted to be committed by a person during which, or in the immediate flight therefrom, the person:
(A) Used, or possessed and threatened the use of, a deadly weapon; or
(B) Caused serious bodily injury or death to any other person except another participant.
(II) Subparagraph (I) of this paragraph (a) applies to the following crimes:
(A) Any crime against an at-risk adult or at-risk juvenile;
(B) Murder;
(C) First or second degree assault;
(D) Kidnapping;
(E) A sexual offense pursuant to part 4 of article 3 of this title;
(F) Aggravated robbery;
(G) First degree arson;
(H) First degree burglary;
(I) Escape; or
(J) Criminal extortion.
(b) (I) “Crime of violence” also means any unlawful sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim. For purposes of this subparagraph (I), “unlawful sexual offense” shall have the same meaning as set forth in section 18-3-411 (1), and “bodily injury” shall have the same meaning as set forth in section 18-1-901 (3) ©.
Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107 – What Is The Definition Of A “ Mandatory Sentence Offender“
Aggravated juvenile offender: An aggravated juvenile offender meets one of these requirements:
• The juvenile in question is at least 12 years old and is adjudicated a juvenile delinquent for a delinquent act that constitutes a class 1 or class 2 felony.
• The juvenile in question has had probation revoked for a delinquent act that constitutes a class 1 or class 2 felony.
Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at:Hmichaelsteinberg@colorado-juvenile-crimes-lawyer or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-7777.
If you are charged with A Colorado crime or you have questions about the right to a jury trial in Colorado juvenile cases, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.
Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.
Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving … Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107.
Other Articles of Interest:
- Evidentiary Considerations 19-2-802
- Colorado Juvenile Law – When IS There A Right To A Jury Trial? – C.R.S. 19- 2-107
- Colorado Juvenile Criminal Trials – A Look At How They Work
- Colorado Juvenile Law – The Right To A Speedier Speedy Trial 19-2-108 CRS
- Procedures at Juvenile Trials 19-2-804
