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.

The post Is Your Child Facing Serious Charges? Understanding Juvenile Felony Cases appeared first on The Juba Law Office PLLC.

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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