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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- 2-107Colorado 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

mailto:hmsteinberg@hotmail.com

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.

Summary
 Colorado Juvenile Law - When IS There A Right To A Jury Trial? - C.R.S. 19- 2-107
Article Name
Colorado Juvenile Law - When IS There A Right To A Jury Trial? - C.R.S. 19- 2-107
Description
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.
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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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