If your child has been charged with a crime, you might be wondering what you should do next. It’s natural to feel frustrated, or even completely overwhelmed. The most important step you can take is to speak to a criminal defense attorney who can work with you and your child to craft the best defense possible.
If your child has been charged as a juvenile in Colorado, you have options. Reach out to us at Attorneys at Law Timlin & Rye, P.C. in Denver to get started.
According to Colorado law, a “delinquent” act is any law-violating act that comes under the jurisdiction of the juvenile court system. Minors are considered juvenile delinquents if they are under eighteen years of age and commit a delinquent act. Some common juvenile crimes include vandalism and shoplifting, but can also include violent crimes.
When a minor is arrested, they will be read their Miranda rights. The juvenile cannot be questioned by police until they are in the presence of a parent or guardian, unless they voluntarily waive this right. If your child is arrested, you should make sure that they do not say anything until you and your child’s attorney arrive.
Your child will be evaluated and a decision made about whether to admit them to a detention or shelter facility. (Children who are 10-13 years old can’t be placed in detention unless they have committed certain felonies.) If your child is not considered to be a danger to themselves or others, it is likely they will be permitted to remain at home with you until their next court date.
If your child has been detained, your child has the right to a detention hearing that will usually take place within 48 hours of their arrest. At this hearing, a judge will hear the charges and decide whether or not to keep your child in detention. The judge will either:
At this point, one of three things will happen:
If the judge decides to move forward, your child will attend a Juvenile Advisement Hearing. At this hearing, your child will typically enter a plea. Depending on what your attorney advises, your child can either enter into a plea bargain—pleading guilty in exchange for a comparatively lighter sentence than they would have received if they had been found guilty at trial—or plead not guilty, in which case the trial may go ahead.
At the trial—called an “adjudicatory hearing” for juvenile court cases—your child’s attorney will make your child’s case to the judge and answer the prosecution’s arguments. If found not guilty, your child will be released. If found guilty, your child will attend a sentencing hearing.
At the sentencing hearing, the judge will hand down a sentence or “disposition.” In Colorado, sentences could include:
Juveniles aged 12-17 in Colorado can be tried as adults if they commit certain felonies, such as sexual assault and other violent or sexual crimes. The judge can either transfer the case from juvenile court to the adult criminal court, or prosecutors can begin the process by pressing charges in the adult court at the beginning of the process.
In addition to the above, you’ll want to review Colorado’s parental liability laws with an attorney. Colorado holds parents financially liable for their child’s actions until they turn 18. Parents can be held responsible for covering costs related to property damage, theft, and bodily injury caused by their minor child. Usually, the cap for property damage and bodily injury costs per victim is $3,500.
If your child has been charged as a juvenile in Colorado, call us at Attorneys at Law Timlin & Rye, P.C., serving Denver as well as throughout Adams, Arapahoe, Jefferson, and Douglas Counties. Our attorneys Jeffrey J. Timlin, Melissa J. Rye, and Katherine Karstetter are here to support you and your child throughout your case. Don’t hesitate to reach out to us today for a consultation.
Accordion Content