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9 Cards in this Set

  • Front
  • Back

Adjudication

A determination by the court that it has been proven beyond a reasonable doubt that the juvenile has committed a delinquent to act or the a juvenile has played guilty to committing a delinquent act

Emancipated juvenile

A juvenile over 15 and under 18 who has demonstrated independence from the juvenile’s parents in matters of care custody and earnings.

How many members are there in a juvenile jury trial?

6

Does the parent, guardian, or legal custodian of the juvenile have to attend all proceedings?

Yes they must attend all proceedings including hearings concerning the juvenile. Failure, without good cause, to attend a proceeding concerning the juvenile may subject them to contempt sanctions.

Who has to be present during a juvenile interrogation for it to be admissible in court?

A parent guardian or legal guardian must be present and they must be advised of the juvenile’s right to remain silent. If a public defender is present at such interrogation statements may be admissible even though the parent guardian or legal custodian was not present.



A statement may also be admissible in evidence without a parent guardian or legal custodian if the juvenile made a knowing, intelligent, involuntary waiver of rights and the juvenile is 18 or older or the juvenile misrepresents his age and the officer acts in good faith reliance on such misinterpretation.



The juvenile is emancipated



The juvenile is a runaway from a state other than Colorado and is of sufficient age and understanding.

When does direct filing take place for a juvenile?

A juvenile may be charged by the direct filing of an information in the district court or by indictment only if the juvenile is 16 years of age or older at the time of the commission of the alleged offense and is alleged to have committed a class one or class two felony or is alleged to have committed a sexual assault or is alleged to have committed a felony as a crime of violence other than a sexual assault


How long does the court have to hold an adjudicatory trial for a juvenile?

Upon the entry of a plea of not guilty he, the court shall set the matter for an adjudicatory trial within 60 days following the plea of not guilty.

How soon must the sentencing hearing be held after a juvenile is found guilty after an adjudicatory trial?

45 days

A child is neglected or dependent if:

The child is abandoned or has been subjected to mistreatment or abuse or the parent has allowed another to mistreat or abuse the child without stopping that Mistreatment.



The child lacks proper parental care



The child’s environment is injurious to his or her welfare



Proper substance, education, medical care, or any other care necessary for his health, guidance, or well-being is not provided.



The child is homeless, without proper care



The child has run away from home or is beyond the control of his parent, guardian, or legal custodian



The child test positive at birth for either a schedule one controlled substance or a schedule to controlled substance