#restrainingorder Archives - The Juba Law Office PLLC https://jubalawoffice.com/tag/restrainingorder/ A Full-Service Litigation Law Firm Thu, 22 Aug 2024 19:34:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 https://jubalawoffice.com/wp-content/uploads/2022/04/favicon.png #restrainingorder Archives - The Juba Law Office PLLC https://jubalawoffice.com/tag/restrainingorder/ 32 32 Do Juveniles Have the Right to a Jury Trial? https://jubalawoffice.com/do-juveniles-have-the-right-to-a-jury-trial/ https://jubalawoffice.com/do-juveniles-have-the-right-to-a-jury-trial/#respond Thu, 22 Aug 2024 19:27:42 +0000 https://jubalawoffice.com/?p=1698 The American justice system guarantees adult citizens the right to a jury trial as a fundamental component of fair legal proceedings in most criminal cases. However, this right applies differently to juveniles (people under 18). Understanding whether juveniles have the right to a jury trial involves examining the purpose of the juvenile justice system and […]

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do juveniles have the right to a jury trialThe American justice system guarantees adult citizens the right to a jury trial as a fundamental component of fair legal proceedings in most criminal cases. However, this right applies differently to juveniles (people under 18). Understanding whether juveniles have the right to a jury trial involves examining the purpose of the juvenile justice system and the legal principles guiding it.

If your child is facing criminal charges, you must seek legal counsel to navigate this complex area of law. Here’s what juveniles and their guardians should know.

Understanding a Jury Trial

A jury trial is a legal proceeding where a those involved in the trial select a group of citizens, called a jury, to hear the evidence in a case. They then make a decision based on that evidence. This process ensures that an impartial groups of their peers judge defendants, rather than solely by a judge.

The Sixth Amendment of the US Constitution guarantees the right to a jury trial for adults in the United States. The Amendment statesthat “the accused shall enjoy the right to a speedy and public trial, by an impartial jury.”

Purpose of the Juvenile Justice System

The juvenile justice system in the United States operates under a different but similar set of principles compared to the adult criminal justice system. It focuses more on rehabilitation than punishment. The goal is to provide juveniles with the guidance and support needed to become responsible and productive members of society.

This rehabilitative approach is based on the belief that young people have a greater capacity for change than adults. The system believes their actions are often the result of immaturity rather than criminal intent.

However, because they are minors their rights are not as extensive as those offered to adults. Although laws vary from state to state, Colorado juveniles only have the right to a jury trial under certain circumstances.

Juveniles and the Right to a Jury Trial in Colorado

In Colorado, juveniles have limited rights to a jury trial, which are governed by state statute. According to Colorado Revised Statute § 19-2.5-610, a juvenile may request a discretionary jury trial only in cases where the charged offenses would be considered felonies if committed by an adult. Whether to grant a jury trial in these cases is at the discretion of the court. However, a juvenile is entitled to a jury trial by right if the juvenile is charged as an Aggravated Juvenile Offender or is charged with a Crime of Violence.

Not all juvenile cases qualify for a jury trial. It’s crucial to understand the specific circumstances under which this right is granted. Consulting a knowledgeable attorney is essential to navigate these legal complexities.

Law provides more information about a juvenile’s right to a jury trial.

Seeking Legal Counsel

If your child is facing criminal charges, understanding their rights and the nuances of the juvenile justice system is critical. Juvenile proceedings can have long-lasting impacts on a young person’s future. Navigating these legal waters requires expertise and experience.

Consulting with an attorney who specializes in juvenile law can provide invaluable guidance. An experienced lawyer can explain your rights and help you build a strong defense. They’ll assist you in negotiating the best possible income based on your circumstances.

For more information or to speak to someone if your child was charged with a crime, contact the Juba Law Office to schedule a consultation.

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How to Fight a Civil Protection Order in Colorado https://jubalawoffice.com/how-to-fight-a-civil-protection-order-in-colorado/ https://jubalawoffice.com/how-to-fight-a-civil-protection-order-in-colorado/#respond Wed, 15 Jun 2022 12:01:45 +0000 https://jubalawoffice.com/?p=239 What is a protection order in Colorado? A civil protection order (CPO), commonly referred to as a restraining order, can be filed in court by an individual who fears for his or her safety. This person may have experienced domestic violence, sexual assault, physical abuse, or some other type of harassment at the hands of […]

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How to Fight a Civil Protection Order in ColoradoWhat is a protection order in Colorado?

A civil protection order (CPO), commonly referred to as a restraining order, can be filed in court by an individual who fears for his or her safety. This person may have experienced domestic violence, sexual assault, physical abuse, or some other type of harassment at the hands of the restrained party. A CPO bars the person it is filed against from doing certain things, such as coming within a certain distance of the protected party, owning firearms, or remaining in given a residence.

Individuals who believe they are in immediate danger can file a temporary protection order (TPO). If the court decides to grant this order, it lasts for two weeks, after which there is a hearing to determine whether the order will become permanent. To grant a permanent protection order (PPO), the court must find that (a) the restrained party did the things the protected party claimed and (b) the restrained party will continue to do these things unless the court issues the permanent protection order.

A person can seek a restraining order in Colorado for many different reasons, and the specific conditions of the PPO vary on a case-by-case basis.

Can I Fight a Restraining Order in Denver, Colorado?

The courts initially enter protection orders with only the victim’s protection in mind, and they can be a valuable tool when applied correctly. However, they are not always employed as the court intended. Unfortunately, it’s not uncommon for someone to file for a restraining order with malicious intent against an innocent party.

Fraudulent restraining orders in Denver, Colorado, are most often filed by a significant other who feels wronged. There are also tragic cases where one parent wishes to keep the other from seeing their child(ren). While protection orders are intended to shield helpless victims from further danger, false accusations of domestic violence and child abuse do happen and can carry significant consequences for the restrained party.

Luckily, there are ways to fight against a restraining order if you feel you have been wrongly accused. The first step is to hire an experienced attorney right away, as an attorney will best be able to help you navigate the ins and outs of the legal system.

How do I defend myself against a protection order in Denver?

First, enlist the support of the best defense attorneys in your area, such as the professionals at The Juba Law Office, PLLC. Finding a lawyer as soon as possible is vital since PPOs are much more difficult to fight than TPOs.

Then, you’ll want to gather any voicemails, texts, social media references, photos, and other documentation that weighs in your favor. Often, those making false abuse allegations are the real abusers. If this is the case and you have proof, using it in your defense can turn the tide of the trial.

Defending against or filing for a restraining order is an emotional process. However, no matter how wronged you feel, preventing your emotions from taking over is crucial. If you have been served with a restraining order in Colorado, remain calm and follow the order’s conditions to avoid jeopardizing your case.

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