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- Colorado Juvenile Law – When Your Child Is Arrested – What To Do – A Guide For Parents
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- Why You Should Retain A Local Colorado Criminal Defense Lawyer
- A Denver Colorado Juvenile Crimes Lawyer Explains the Two Kinds Of “Juvi” Jail
- Articles On Colorado Juvenile Criminal Law
- 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
- Colorado Juvenile Drug Crimes Defense – Fighting The Urge To Answer Police Questions – Those Are Not My Drugs
- Colorado Juvenile Criminal Law – Juveniles With Mental Health Issues – Important Issues To Understand
- Colorado Juvenile Criminal Law – I Am Now An Adult – How Can I Be Prosecuted in Juvenile Court?
- 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
- Colorado Juvenile Criminal Process Flowchart – TWO
- Colorado Juvenile Criminal Process – The Arrest – Summons
- Colorado Juvenile Criminal Process – The Detention Hearing And The Screening Function
- Colorado Juvenile Criminal Process – The Pretrial Process
- Colorado Juvenile Criminal Process – The Filing Decision
- 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.
- Petition Form and Content 19-2-513
- Contempt – Warrant 19-2-515
- Petition Initiation 19-2-512
- 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
- Sentencing – Placement With Relative 19-2-912
- 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
- Sentencing – Fines 19-2-917
- Sentencing – Restitution by Juvenile 19-2-918
- 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
- Juveniles Committed to Department of Human Services – Evaluation and Placement 19-2-922
- Juveniles Committed to Department of Human Services – Transfers 19-2-923
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- Sentencing – Commitment to the Department of Human Services 19-2-909
- Sentencing – Animal Cruelty – Anger Management Treatment 19-2-918.5
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Colorado Juvenile Law – When IS There A Right To A Jury Trial? – C.R.S. 19- 2-107
By H. Michael Steinberg Colorado Juvenile Criminal Defense Lawyer – Attorney
Colorado Juvenile Law – When IS There A Right To A Jury Trial? – C.R.S. 19- 2-107 The rights of juveniles charged with crimes in Colorado mostly parallel the rights accorded to adults with one very significant exception – the right to a jury trial.
This article explains that serious limitation.
Here is the rule – Jury Trials are not allowed for juveniles except if the juvenile is charged:
As an AGGRAVATED JUVENILE OFFENDER pursuant to C.R.S. 19- 2- 516 (4)
In Colorado an Aggravated Juvenile Offender is defined as follows:
An aggravated Juvenile Offender meets one of these requirements:
He or she 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. He or she has had probation revoked for a delinquent act that constitutes a class 1 or class 2 felony.
An aggravated juvenile offender may be placed into the Colorado Department of Corrections for five years.
or
With a CRIME OF VIOLENCE pursuant to C.R.S. 18-1.3-406
A Colorado Violent Juvenile Offender is defined as follows:
A violent juvenile offender must be at least 13 years old and must be adjudicated a juvenile delinquent for a delinquent act that constitutes a crime of violence. A violent juvenile offender may also be sentenced to the Colorado Department of Human Services for a minimal term.
“Crime of violence” includes: use or possession of a deadly weapon; causing serious bodily injury or death to any other person; murder; first or second degree assault; kidnapping; sexual offenses; aggravated robbery; arson; burglary; escape; or criminal extortion; Colo. Rev. Stat. §18-1.3-406(2)(a)(2010).
What Does The Right To A Colorado Juvenile Jury Trial Look Like?
In the case both of the above situations – the Juvenile has a right to a jury of at least six (6) by law. However if the juvenile makes a written request for a jury of twelve (12) pursuant to C.R.S. 19-2-601 (3)(a) ( if the Juvenile is charged as an Aggravated Juvenile Offender – there is a right to a jury of 12:
CRS 19-2-601 (3)(a)
(a) In addition to the rights specified in section 19-2-706, a juvenile who is alleged to be an aggravated juvenile offender may file a written request that adjudication of the act that is the subject of the petition shall be to a jury of twelve persons, and the court shall so order it. Any juvenile who requests a jury shall be deemed to have waived the time limit for an adjudicatory trial pursuant to section 19-2-107(4).
The Judge Always Has The Discretion To Grant A Jury Trial Unless The Case Is Minor
A Judge also has the discretion – the authority – on its own motion to require a jury of six (6) in any case.. UNLESS that case is minor such as a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order.
If The Right Exists – The Juvenile MUST Ask For The Jury Or The Right Is Lost
Unless a juvenile jury trial is specifically requested it is “deemed” waived.
The 60 Day Speedy Trial Right Is Extended To The Adult Version – 6 Months
If the Colorado juvenile requests a jury trial that juvenile waives his or her right to an adjudicatory hearing within sixty (60) days as required by C.R.S. 19-2-708. The new time limit to bring the case is trial will be governed by C.R.S. 18-1-405 which requires the hearing to be within six (6) months.
Here Is The Relevant Law In Colorado On A Juvenile’s Right To A Jury Trial
§ 19-2-107. (Colorado Juvenile) Right to Jury Trial
(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, 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.
(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.
(3) Unless a jury is demanded pursuant to subsection (1) of this section, it shall be deemed waived.
(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.
Colorado Juvenile Law – The Right To A Jury Trial – C.R.S. 19- 2-107
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If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.
Never stop fighting – never stop believing in yourself and your right to due process of law.
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at
A Denver Colorado Criminal Defense 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 – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.
“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”
You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 30 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Juvenile Law – When IS There A Right To A Jury Trial? – C.R.S. 19- 2-107.
Other Articles of Interest:
- Evidentiary Considerations 19-2-802
- Colorado Juvenile Criminal Law – Juveniles Denied The Right To Jury Trial In Most Cases – 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
- Deferral of Adjudication 19-2-709
