Facing a juvenile criminal charge can be a challenging and confusing experience for both parents and their children. In Colorado, juveniles are treated differently than adults when it comes to criminal law, but the consequences can still be severe. It is essential for parents to understand how the juvenile justice system works, what options are available to their child, and how they can advocate for the best possible outcome.
What Are Juvenile Criminal Charges 
Juvenile criminal charges in Colorado refer to offenses committed by individuals under the age of 18. These charges can range from minor infractions, like truancy or underage drinking, to more serious crimes such as theft, assault, or even homicide. The main difference between juvenile and adult charges is that juveniles are typically processed through a separate legal system designed to focus on rehabilitation rather than punishment. However, serious offenses can still lead to significant consequences.
While the goal of the juvenile justice system is rehabilitation, it is not a guarantee that all juveniles will avoid the penalties adults face. Even with a focus on rehabilitation, a juvenile’s future could be impacted by their actions today. As such, it is crucial for parents to understand the process and to get the right help.
Types of Juvenile Crimes
Juvenile offenses in Colorado are classified into two broad categories: misdemeanors and felonies. Misdemeanors typically include offenses like theft, simple assault, drug possession, or vandalism. These crimes are usually punishable by less severe penalties, such as probation or community service. However, they can still have significant long-term consequences on a juvenile’s future.
Felonies, on the other hand, involve more serious offenses such as aggravated assault, robbery, sexual assault, or drug trafficking. A juvenile charged with a felony may face harsher penalties, including time in juvenile detention or a state-run rehabilitation facility. The severity of the offense can also result in the possibility of adult sentencing in some cases, which carries long-term consequences.
How Does the Juvenile Justice System Work in Colorado
The Colorado juvenile justice system is designed to address youth crime with a focus on rehabilitation, but it is still a serious process. The court system is specifically tailored to ensure that young offenders are given the chance to reform and receive necessary guidance, while also holding them accountable for their actions. Understanding the process is important, as it allows parents to better navigate the challenges their children may face.
Once a juvenile is arrested, the first step is the detention hearing, where the judge will determine whether the juvenile should be held in detention pending further hearings. The judge will also decide whether the case should be transferred to juvenile court, where the formal legal proceedings take place. The juvenile may also be released into their parent’s care pending further action, depending on the severity of the offense.
After the detention hearing, the next step is the adjudicatory hearing, which is equivalent to a trial. During this hearing, the prosecution and defense present evidence, and the judge determines whether the juvenile is guilty of the charges. In cases where the juvenile pleads guilty or is found guilty, the judge will proceed to the disposition phase, where a sentence is determined.
The judge can impose various types of sentences for juvenile offenders. These can range from probation, which typically includes monitoring and compliance with certain conditions like community service, to commitment in a juvenile detention center or a rehabilitation facility. The judge will take into consideration the child’s age, the nature of the offense, and any efforts the juvenile has made toward rehabilitation.
Juvenile Sentencing in Colorado
Juvenile sentencing can vary depending on the nature of the crime and the juvenile’s prior record. The goal of sentencing is to provide an opportunity for rehabilitation while still addressing the crime’s severity. Juveniles may be sentenced to probation, which often includes various conditions such as attending school, staying out of trouble, completing community service, or undergoing counseling.
For more serious crimes, the court may impose a sentence that includes time in a juvenile detention center. Juvenile detention centers in Colorado are state-run facilities that are designed to rehabilitate young offenders. These centers offer a structured environment with various programs, including educational classes, therapy, and vocational training, aimed at helping the juveniles reintegrate into society.
In the most extreme cases, juveniles may be sent to a juvenile correctional facility, where they could be held for a significant period of time. This typically occurs when the crime is considered severe, such as a violent crime or a repeat offense. However, even in these cases, rehabilitation remains the priority, and the goal is to help the juvenile eventually reintegrate into society as a productive member.
Can Juvenile Records Be Sealed
Yes, in Colorado, juveniles who have completed their sentences may be eligible to have their criminal records sealed. This process can prevent the public from accessing the juvenile’s criminal history, providing them with a fresh start. The ability to have a juvenile record sealed is one of the key components of the juvenile justice system’s focus on rehabilitation.
To be eligible for record sealing, the juvenile must meet certain conditions. For example, they must have completed any court-ordered sentences, and a certain period of time must have passed since the completion of the sentence. The specific requirements vary depending on the type of offense and other factors. Once a juvenile’s record is sealed, it generally will not appear in background checks, which can significantly improve their chances of employment and educational opportunities.
What Should Parents Do if Their Child Faces Juvenile Criminal Charges
If your child is facing juvenile criminal charges, it is critical to act quickly. The first step is to seek legal counsel. Juvenile defense attorneys specialize in representing young individuals who are charged with criminal offenses. These attorneys are well-versed in the complexities of the juvenile justice system and can help parents navigate the process.
An experienced juvenile defense attorney will work with you to understand the charges and the potential consequences. They will guide you through the process and explore options such as diversion programs, plea deals, or taking the case to trial. A skilled attorney will help ensure that your child’s rights are protected, and that the best possible outcome is reached.
In addition to hiring an attorney, it is important for parents to remain involved in the process. Attend all hearings, communicate with your child about the situation, and provide emotional support during this challenging time. Juvenile offenses are often a result of poor decisions or mistakes, and with the right guidance, most young people can successfully move past them.
How a Juvenile Defense Attorney Can Help
A juvenile defense attorney plays a crucial role in helping young offenders achieve a fair and just outcome. These attorneys are experts in juvenile law and understand how to work within the system to advocate for the best interests of their clients.
Juvenile defense attorneys can negotiate plea deals, advocate for diversion programs, and help parents understand their options at every stage of the process. They will also work to minimize the consequences for the juvenile and explore every avenue for rehabilitation.
If your child has been arrested or is facing juvenile criminal charges in Colorado, the Law Firm of Mark S. Hanchey and Ben Peterson is here to help. Our experienced attorneys will guide you through the legal process and ensure that your child’s rights are protected. We understand the importance of rehabilitation in the juvenile justice system and will work tirelessly to secure the best possible outcome for your child. Reach out today for a free consultation.
Dealing with juvenile criminal charges in Colorado can be overwhelming, but understanding the legal process is the first step to protecting your child’s future. By working with a qualified juvenile defense attorney, parents can ensure their child receives a fair chance for rehabilitation and a positive future. Every child deserves the opportunity to learn from their mistakes and grow into a responsible adult, and with the right support, that goal can be achieved.