Juvenile Defense Lawyers in Colorado Springs

When a young person under 18 is accused of a crime in Colorado, the case almost always goes to juvenile court, which runs under the Children’s Code rather than the adult criminal code. The goals are different, the vocabulary is different, and so are the consequences. Handled well, a juvenile case can end with no lasting record at all.

How juvenile court is different

In juvenile court a young person isn’t convicted; they are adjudicated a juvenile delinquent. The court’s sentencing options lean toward supervision, treatment, school, and restitution rather than punishment, and diversion is common for first-time and lower-level cases. Parents are involved throughout.

The juvenile court handles most offenses by young people. Some lower-level traffic and similar offenses are handled in the ordinary county court instead.

When a teen can be charged as an adult

A district attorney can file charges directly in adult District Court only in narrow cases: the young person was 16 or older at the time and is accused of a class 1 or 2 felony, certain sexual assaults, or other listed violent felonies. Otherwise, moving a case to adult court requires the juvenile court to transfer it. Transfer is limited to felony charges, requires a hearing, and requires the court to find that keeping the case in juvenile court would be against the young person’s or the public’s interest. Keeping a case in juvenile court is often the most important thing a defense lawyer does in these cases.

Expunging the record

Colorado expunges juvenile records rather than sealing them, and expunged records are treated as though they never existed. For many cases the court must order the records expunged within 42 days after a dismissal, a finding of not guilty, or completion of the sentence or diversion. Records of diversion completed before any charge is filed are expunged without a court order. Other cases have their own rules and timelines. Whether a case qualifies depends on the offense, so it is worth planning for from the start.

Talking to police and school officials

Young people often talk to police, school resource officers, and school administrators before a parent or a lawyer is involved. What they say can be used in the juvenile case and in school discipline. If your child is contacted, call a lawyer before any interview.

How we handle juvenile cases

We work with both the young person and the family. We push for diversion and for outcomes that keep the case in juvenile court and qualify for expungement. We coordinate with the school on discipline that often runs alongside the court case. And we make sure the record is actually expunged when the case ends.