Colorado Springs Juvenile Lawyer
Juvenile Defense Lawyers In Colorado
On This Page
- Is Your Child Facing Charges in Colorado Springs?
- How Juvenile Court Differs From Adult Court
- Common Juvenile Charges
- Arrest, Questioning, and Detention
- How a Juvenile Case Moves Through Court
- Diversion and Alternatives
- Juvenile Sentencing
- Sexting and Image-Sharing Cases
- When a Juvenile Can Be Charged as an Adult
- Juvenile Probation
- School Discipline and Juvenile Cases
- Juvenile Record Expungement
- What Parents Should Know
- Working With a Colorado Springs Juvenile Lawyer
- Frequently Asked Questions
- Sources
Is Your Child Facing Charges in Colorado Springs?
Few calls are harder for a parent than learning that their child has been arrested, cited, or questioned by police. Juvenile cases often begin at school, at a store, at a party, or online, and they can move quickly, sometimes with a detention hearing within days.
Colorado's juvenile system is designed to focus on rehabilitation rather than punishment, and many juvenile cases end without a lasting record. But a juvenile case can still lead to detention, probation, commitment to the Division of Youth Services, school consequences, and in serious cases, prosecution in adult court. Early decisions, including whether a child talks to police, often shape the outcome.
This page explains how juvenile court works in Colorado, common juvenile charges, detention, diversion and sentencing options, when a juvenile can be charged as an adult, and how juvenile records are expunged in El Paso County and the surrounding counties.
What Parents Should Do Right Away
- Tell your child not to talk about the case with police, school officials, friends, or on social media until you have spoken with a lawyer.
- Do not let your child be questioned without first getting legal advice, even if officers say it will help.
- Find out about any detention hearing. If your child is held, a hearing is required within 48 hours.
- Save messages, photos, and school records related to the incident.
- Do not discuss the details yourself with the alleged victim's family or school staff.
How Juvenile Court Differs From Adult Court
In Colorado, juvenile court handles cases involving young people who were at least 10 and under 18 at the time of the alleged offense. Juvenile cases are governed by the Colorado Children's Code, which differs from adult criminal law in several important ways:
- Different language. A juvenile is not "convicted." The court "adjudicates" the juvenile delinquent. The charging document is a petition, not a complaint.
- Rehabilitation focus. Sentencing is aimed at treatment, accountability, and community safety, with a wide range of options short of confinement.
- Parental involvement. Parents or guardians are expected to appear and can be ordered to take part in treatment, pay restitution, and attend hearings.
- Record protection. Many juvenile records are expunged automatically, and others can be expunged by petition.
- Detention limits. Juveniles are held in juvenile detention facilities, not adult jails, with rare exceptions.
In El Paso County, juvenile cases are heard in the juvenile division of El Paso County District Court at the El Paso County Judicial Building, 270 S. Tejon Street. Teller County juvenile cases are heard at the Teller County Combined Court in Cripple Creek.
We also handle juvenile cases in Pueblo County and Fremont County. Some lower-level offenses by juveniles are charged in Colorado Springs Municipal Court, where a parent must appear with the child.
Common Juvenile Charges
- Theft and shoplifting. One of the most common juvenile charges. See our shoplifting page.
- Assault and fighting, including fights at school or sporting events. See our assault page.
- Drug and alcohol offenses, including possession of marijuana, vapes, and other substances by people under 21.
- Criminal mischief and vandalism, including graffiti and property damage.
- Harassment and threats, including messages and posts on social media. See our harassment page.
- Weapons on school grounds, which can be a felony for weapons other than firearms.
- Motor vehicle theft and joyriding. Motor vehicle theft is a felony regardless of the vehicle's value, while unauthorized use of a vehicle is a misdemeanor on a first offense.
- Sexting and digital image offenses, which Colorado treats differently for juveniles than for adults.
- Burglary and trespass, including entering vacant homes or construction sites.
Arrest, Questioning, and Detention
Questioning by Police
Colorado law provides extra protections for juveniles who are questioned by police while in custody. In general, statements a juvenile makes during custodial interrogation can be used only if a parent, guardian, or legal custodian was present and the juvenile and parent were advised of the juvenile's rights, with limited exceptions. Questions about whether a child was "in custody," whether the advisement was proper, and whether any waiver was voluntary are common issues in juvenile cases.
Questioning at school can also raise legal issues, particularly when a school resource officer is involved. Parents can ask that their child not be questioned without a lawyer.
Screening and Detention
When a juvenile is taken into custody, the youth is screened to decide whether they can go home, be released to a community program, or be held in detention. According to the Colorado Legislative Council, most detained youth are placed in community-based options such as day reporting or electronic home monitoring, and secure detention is used for youth who pose a risk of flight or harm.
The Detention Hearing
Every detained youth must receive a detention hearing within 48 hours, not counting weekends and legal holidays. At that hearing, the court decides whether the youth goes home under conditions or stays in detention. Conditions often include school attendance, curfew, no contact with alleged victims, and supervision. A lawyer can argue for release and propose a safety plan.
How a Juvenile Case Moves Through Court
- Referral or arrest. Police refer the case to the District Attorney's Office, which decides whether to file a petition, offer diversion, or decline the case.
- Detention hearing. If the youth is held, a hearing occurs within 48 hours.
- First appearance. The court advises the juvenile and parents of the charges and rights, and addresses appointment of counsel.
- Discovery and investigation. The defense obtains reports, video, school records, and witness statements.
- Negotiation. Most juvenile cases are resolved through diversion, a deferred adjudication, or a plea to a reduced charge.
- Adjudicatory trial. If the case does not resolve, the prosecution must prove the charges beyond a reasonable doubt.
- Sentencing. If the juvenile is adjudicated delinquent, the court imposes a sentence focused on treatment and accountability.
Diversion and Alternatives
Colorado strongly favors keeping juveniles out of the formal court system when possible. Common alternatives include:
- Pre-filing diversion. The District Attorney's Office can offer diversion before any petition is filed. When it is completed, the records are expunged without a court order.
- Restorative justice. The youth meets with those affected and agrees to make amends, often as part of diversion.
- Deferred adjudication. The juvenile admits the offense, but the adjudication is deferred while the youth completes conditions. If they succeed, the case is dismissed.
- Informal adjustment. A period of supervision without an adjudication, after which the case is dismissed.
- Problem-solving courts. Juvenile drug courts and family treatment courts provide intensive treatment and supervision.
Juvenile Sentencing
If a juvenile is adjudicated delinquent, the court can choose from a range of sentences, including:
- probation with conditions such as counseling, community service, school attendance, and restitution;
- a short period in juvenile detention;
- placement in a community program;
- commitment to the Colorado Department of Human Services, Division of Youth Services; and
- parental involvement orders, including parenting classes and restitution.
Some juveniles face mandatory sentences. According to the Colorado Legislative Council, mandatory sentences require at least one year of residential placement for violent and repeat offenders, and aggravated juvenile offenders can be committed for up to seven years. Youth released from commitment serve a period of mandatory parole.
Restitution orders can be entered against both the juvenile and, in some cases, the parents.
Sexting and Image-Sharing Cases
Colorado has a separate statute for juveniles who share, possess, or exchange intimate images by phone or online, so that teenagers are not automatically charged with child sexual exploitation. Under C.R.S. 18-7-109, as currently written:
- Exchanging one's own image with someone who asked for or agreed to it is a civil infraction. The penalty is an educational program or a fine of up to $50, and the court cannot order jail or detention.
- Possessing an intimate image of another young person without consent is generally a petty offense. It can be a class 2 misdemeanor in some situations involving many images.
- Disclosing or threatening to share another person's intimate image without consent is a class 2 misdemeanor, or a class 1 misdemeanor if it was done to coerce or intimidate or involved multiple images or prior offenses.
A juvenile who received an image without asking for it is not in violation if, within 72 hours, they took reasonable steps to delete it or reported it to law enforcement or a school resource officer. There is also a defense for juveniles who were coerced or threatened. Diversion is encouraged for first-time cases, and records are expunged after the sentence or program ends.
These cases are sensitive and often involve schools, other families, and social media platforms. Parents should get advice before their child speaks with school officials or police about the images.
When a Juvenile Can Be Charged as an Adult
In a limited number of serious cases, a juvenile can be prosecuted in adult district court through direct filing or transfer.
Direct Filing
Under C.R.S. 19-2.5-801, the District Attorney may file charges directly in adult court only if the juvenile was at least 16 at the time of the offense and is charged with a class 1 or 2 felony or certain sexual assault offenses, or with certain violent or sexual felonies after a prior felony adjudication or prior adult prosecution. The juvenile can ask for a reverse-transfer hearing to send the case back to juvenile court.
Transfer
Under C.R.S. 19-2.5-802, a juvenile court can transfer a case to adult court after a hearing. Transfer is possible for juveniles aged 12 or 13 charged with a class 1 or 2 felony or a crime of violence, and for juveniles 14 or older charged with a felony. The court must find that keeping the case in juvenile court would not serve the interests of the juvenile or the public.
Transfer and direct-file cases carry much higher stakes, including the possibility of an adult prison sentence or a sentence to the Youthful Offender System. The transfer and reverse-transfer hearings are often the most important events in these cases.
Juvenile Probation
Most juveniles who are adjudicated delinquent are placed on probation rather than committed. Juvenile probation is designed around the youth's needs and usually includes:
- regular meetings with a juvenile probation officer;
- school attendance and progress requirements;
- counseling, substance use treatment, or family therapy;
- community service and restitution; and
- curfews and limits on contact with certain people.
Violating probation can lead to a revocation hearing and a more restrictive sentence, including detention or commitment. Many violations are resolved with modified conditions, especially when the youth and family are engaged in treatment. Successful completion of probation can also lead to expungement of the record.
School Discipline and Juvenile Cases
Many juvenile cases begin at school, and a school disciplinary process often runs alongside the court case. Suspension and expulsion hearings in Colorado Springs area school districts, including District 11, Academy District 20, and Harrison School District 2, can be affected by what a student says, and statements made at school can be used in court.
Coordinating the school process with the court case can help protect a student's education and avoid statements that harm the defense. Expulsion is not automatic for most offenses, and students have rights in the disciplinary process.
Juvenile Record Expungement
Colorado's juvenile expungement law, C.R.S. 19-1-306, is much broader than adult record sealing. Expungement treats the record as though it never existed for most purposes, and a person with an expunged record may generally state that they have no juvenile record.
Automatic Expungement
The court must expunge records within 42 days after a juvenile case ends in a not-guilty finding, a dismissal, or completion of a sentence for a petty offense, drug petty offense, class 2 or class 3 misdemeanor, or level 1 or 2 drug misdemeanor, unless the offense involved unlawful sexual behavior, domestic violence, or a listed victims' rights crime. Records of completed pre-filing diversion are expunged without a court order.
Expungement After Notice
Many other juvenile records, including completed diversion, deferred adjudications, class 1 misdemeanors, and many non-violent felonies for youth without prior felony adjudications, can be expunged after the prosecution and victims have a chance to object. If no one objects, the court enters the order.
Expungement by Petition
Other eligible records can be expunged by petition, generally 36 months after the juvenile is released from the sentence. There is no filing fee.
Records That Cannot Be Expunged
Records of aggravated or violent juvenile offenders, homicide, felony unlawful sexual behavior offenses, and motor vehicle offenses under Title 42 cannot be expunged.
Employers, schools, landlords, and government entities may not require disclosure of an expunged juvenile record.
What Parents Should Know
- You must appear. Parents and guardians are generally required to attend juvenile court hearings.
- You may be ordered to pay. Parents can be responsible for restitution and some costs.
- Your conversations may not be private. What your child tells you is not protected the way communications with a lawyer are. Let your child's lawyer guide discussions about the case.
- The lawyer represents your child. A juvenile defense lawyer's duty is to the child, though parents are kept informed and involved.
- Military families. Families stationed at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy may also deal with base-related consequences, including housing and access issues.
- Adults can face charges too. Adults who encourage a child's offense can be charged with contributing to the delinquency of a minor.
Working With a Colorado Springs Juvenile Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents young people in juvenile court, municipal court, and transfer proceedings, and helps families seek expungement of juvenile records, in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers what happened, whether your child has been questioned, any detention or school proceedings, and the options most likely to resolve the case without a lasting record.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
What age is a juvenile in Colorado criminal cases?
Juvenile court handles cases involving young people who were at least 10 and under 18 at the time of the alleged offense.
Can police question my child without me?
In general, statements a juvenile makes during custodial interrogation can be used only if a parent, guardian, or legal custodian was present and they were advised of the juvenile's rights, with limited exceptions. Whether those rules apply depends on the circumstances.
Will my child have a criminal record?
A juvenile adjudication is not a criminal conviction, and many juvenile records are expunged automatically or by petition. Some serious offenses cannot be expunged.
Can a juvenile be tried as an adult in Colorado?
Yes, but only in limited cases. Direct filing in adult court requires the juvenile to be at least 16 and charged with certain serious felonies. Transfer to adult court can apply to juveniles as young as 12 charged with class 1 or 2 felonies or crimes of violence.
What happens at a juvenile detention hearing?
Within 48 hours of being detained, the youth appears before a judge or magistrate, who decides whether the youth can go home under conditions or must remain in detention.
How do I get my child's juvenile record expunged?
Many records are expunged automatically when the case ends. Others are expunged after notice to the prosecutor, or by a petition filed with no fee, often 36 months after the sentence ends.
Do parents have to pay restitution?
Parents can be ordered to pay restitution in some juvenile cases, and they can be civilly liable for certain conduct by their children.
What happens if my child is accused of sharing photos on their phone?
Colorado has a separate law for juveniles involving intimate images, with penalties ranging from a civil infraction for consensual exchanges to misdemeanors for sharing without consent. Many cases are resolved through diversion, and records are expunged afterward.
Can my child's case be handled in municipal court?
Some lower-level offenses by juveniles, such as minor theft or curfew violations, are charged in municipal court. A parent must attend with the child, the child cannot be jailed with adults, and municipal juvenile records can also be expunged.
Should my child talk to the school resource officer?
A school resource officer is a police officer. Statements to that officer can be used in a delinquency case, so parents should get legal advice before their child answers questions about an incident.
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