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…  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.

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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.