Information about Colorado juvenile law offenses (2023)

Every Colorado parent's nightmare is having their child arrested and charged with a crime. In Colorado and many states, this nightmare is made worse when the same children are charged, tried, and convicted in an adult criminal court. This website addresses these issues.

In Colorado, we have set up a separate court for juveniles, i.e. people under the age of 18.

A long time ago, this state decided that children and their needs were different from adults and that a separate court system was needed to serve those needs. Additionally, many believed that children who did wrong could be rehabilitated through intensive counseling, education, and guidance, while adult lawbreakers might be less open to rehab.

Today, our juvenile courts serve three different types of children:

First, there are children who have committed an act which, if committed by an adult, would be considered a criminal; these acts are referred to as criminal acts.

Second, there are children who have committed status crimes. These are activities that are wrong only because they are committed by minors. If committed by adults, they would not be considered illegal at all. Examples of status include truancy, running away from home, violating the curfew, or simply escaping your parents' control.

Finally, there are children who have been abused, neglected, or abandoned. In these circumstances, the court must decide who is responsible for the care of these children. This is done through court hearings, where issues of dependency and neglect are resolved.

In some cases, parents are temporarily deprived of custody and the children are placed in foster care. Parents are then asked to seek advice before their children are returned. In other cases, parental rights to their children are completely revoked and those children are put up for adoption.

Colorado transfer hearings

An exception to the three main categories of children described above are children aged 12 or over who have committed a very serious crime. In these circumstances, the court may, at the request of the prosecutor, transfer a child from juvenile jurisdiction to adult jurisdiction. In this case, under the Colorado Juvenile Justice Act, a "transfer hearing" is held to determine whether the juvenile is eligible for juvenile court trial or would be treated more appropriately if transferred to the adult court system.

This decision is based on the following criteria, among others:

1. The seriousness of the crime and whether community protection requires isolation of the minor beyond that provided by centers for minors;
2. If the alleged crime was committed in an aggressive, violent, intentional or premeditated manner;
3. If the alleged crime was against persons or property, greater weight will be given to crimes against persons;
4. The minor's maturity, which is determined by considerations of the minor's place of residence, environment, emotional attitude and life pattern;
5. The record and history of the minor;
6. the likelihood of the juvenile's rehabilitation through use of the facilities available to the juvenile court;
7. The community's interest in imposing a penalty commensurate with the seriousness of the crime;
8. The impact of the offense on the victim;
9. That the minor had previously been convicted twice as a juvenile offender for criminal offenses;
10. The minor was previously found to be a juvenile offender for an offense that constitutes a violent crime as set forth in Section 18-1.3-406, C.R.S. Are defined;
11. That the minor was previously admitted to the Human Services Department following a conviction for an offense constituting a felony;
12. The minor is sixteen years of age or older at the time of the offense and the offense constitutes a violent crime as defined in Section 18-1.3-406, C.R.S. Are defined;
13. The minor is at least sixteen years old at the time of the offense and has been convicted twice of offenses against property as a juvenile offender; Y
14. That the minor used or possessed a deadly weapon in the commission of a criminal offense and threatened to use it.

Again, a district attorney will generally only recommend that a child be transferred to an adult court if the child is charged with a very serious crime such as murder, arson, armed robbery, violent sex crimes, kidnapping, assault, Firearm in an occupied building, selling or providing certain drugs to other minors, or other serious crimes.

Direct Filing of Juvenile Cases in Colorado

A 2009 online editorial bluntly addressed the issue. The public does not approve of prosecutors locking up children as adults

December 2, 2009 DENVER, Colo. - A recent poll of voters in Colorado found that the public, by a nearly 2-to-1 majority, believe judges, not prosecutors, should be responsible for making decisions about prosecuting children. The poll conducted by national pollster Ridder Braden, Inc. on Nov. 6 found that more than 65% of Colorado voters support letting a judge decide how juveniles are tried.

Today there are hundreds of young men and women serving decades or even life sentences.

in Colorado prisons. The decision to try a 14, 15, 16 or 17-year-old as an adult is made by one person: a public prosecutor. Prosecutors are not required to follow guidelines and are not required to document how they made their decision. There are no checks and balances and no hearing before a judge. Prosecutors usually decide within 72 hours whether children should be "archived straight".

Opponents of direct submission say it leaves defense teams too little time to gather relevant data about the circumstances of a crime or the state of mind of a young suspect. According to Mary Ellen Johnson, executive director of Pendulum Juvenile Justice, the real problem lies in the fairness of the justice system. "District attorneys are not impartial judges," Johnson says. "They often have a political interest in prosecuting children as adults."

A growing coalition of advocates, including the Rocky Mountain Children's Law Center, the Colorado Criminal Defense Lawyers Association, and the Center for Juvenile Transformation, are questioning whether a direct file-based system is fair. Should the decision to lock children up in the adult system, which costs millions of dollars a year, be left to a politically elected official?

Colorado taxpayers overwhelmingly say no, and Johnson agrees. “Our system should be based on the rule of law. The bottom line is that we need an impartial person charged with protecting the public and rehabilitating minors to make decisions that affect children for the rest of their lives."

As I write this, on March 20, 2012, a new law in Colorado on this subject goes to the governor: the Direct File Bill, HB12-1271, sponsored by Rep. B.J. Nikkel (R-Loveland) and Rep. Beth McCann (D-Denver) approved the House by a vote of 45-20. The bill will strengthen due process for children accused of a crime. This bill would allow a judge to decide whether a 14- or 15-year-old should be tried in adult court. For 16- and 17-year-olds, prosecutors could still file a lawsuit in an adult court, but the decision would be subject to judicial review. This bill now goes to the Senate. Congratulations to the Colorado Coalition of Youth Advocates for their leadership on this important legislation.

Arrest of Colorado juvenile delinquents

When children are incarcerated as criminals or state criminals, the police and juvenile probation officers have the discretion to release the children and send them home to their parents. However, when children are being held by the police or parole board, status offenders are most likely to be held separately from children accused of the offense or adults who have been arrested.

Juvenile trials and court cases are called adjudication hearings. If a child is convicted of the crime at a hearing, a sentencing hearing will be held. At the sentencing hearing, the judge decides how the court would respond appropriately, bearing in mind that the primary goal of juvenile justice is to rehabilitate juvenile offenders and put them back on track.

The court has several options. A judge can place the child on probation, seek redress, place the child on community service, or place the child in an institutional or foster home.

A juvenile offender may also be sent to a training school or safe center. (A secure facility is also known as a "lockdown" where minors do not have the freedom to leave.)

Records can generally be sealed after a year after juvenile justice has ended or once the minor has converted. Once sealed, the child's records cannot be opened for inspection unless ordered by the court. watchhere

Colorado—Colorado Rev. Stat. § 19-2-517 (2011). direct presentation Colorado Rev. Stat. Section 19-2-518 Transfers

If you are involved in a juvenile court matter, call the H. Michael Steinberg Law Office to speak immediately with an experienced criminal defense attorney in Denver, Colorado for a free consultation.

Making the responsible decision and hiring an effective criminal defense attorney in Denver, Colorado can have a profound impact on your child's future.

Colorado Colorado Rev. Stat. § 19-2-517 (2011). direct presentation

1. A minor may be charged by filing information directly with the District Court or by indictment only if:
   1. The minor is at least sixteen years old at the time the alleged offense is committed and:
      1. He is accused of committing a serious Class 1 or Class 2 crime; O
      2. is accused of committing a crime qualifying as a violent crime under Section 18-1.3-406, C.R.S. is listed; either
      3. Accused of committing a crime described in Part 1 of Article 12 of Title 18, C.R.S., other than possession of a firearm by a minor as set forth in Section 18-12-108.5, C.R.S. fixed; either
      4. is accused of using or possessing a deadly weapon in the commission of a crime against any person described in Section 3 of Title 18, C.R.S., and threatening to use it; either
      5. They are charged with involuntary manslaughter as set out in Section 18-3-106, C.R.S. described, negligent bodily harm as described in Section 18-3-205, C.R.S. described, or having committed arson as described in Part 1 of Article 4 of Title 18 , CRS; either
      6. You are charged with a Class 3 felony or sexual assault as set forth in Section 18-3-402(1)(d), C.R.S. or Section 18-3-403(1)(e), C.R.S. described as in existence prior to 1 July 2000 and the minor having been found within the prior two years to be a juvenile offender for an offense which constitutes a felony; either
      7. He is accused of committing a crime and is found to be a common juvenile delinquent. For purposes of this section, “habitual offender” is defined in Section 19-1-103(61).
   2. The minor is fourteen or fifteen years old at the time the alleged offense is committed and:
      1. for first degree murder as set out in Section 18-3-102, C.R.S. described, or second degree murder as described in Section 18-3-103, C.R.S. described, accused; either
      2. is accused of committing sexual assault under Section 18-3-402(5)(a), C.R.S. to have committed the circumstances described; either
      3. is accused of committing a sex offense that constitutes a violent crime under Section 18-1.3-406, C.R.S. is listed; either
      4. Charged with committing a sex offense that qualifies as a Class 3 felony or sexual assault under Section 18-3-402(1)(d), C.R.S. or Section 18-3-403(1)(e), C.R.S. , as it existed before July 1, 2000, and the minor has been found to be a juvenile offender within the previous two years for an act constituting a felony; either
      5. You are accused of a serious sexual offense and found to be a habitual juvenile delinquent; either
   3. The minor is at least fourteen years of age at the time of the alleged offense, is alleged to have committed a felony, and has previously been the subject of a district court proceeding pursuant to a direct submission under this Section or a surrender pursuant to Section 19-2-518; except that:
      1. If the juvenile is found not guilty in the district court of the prior offense or any misdemeanor therein, the subsequent charge reverts to the juvenile court; Y
      2. If the juvenile is convicted by the district court in the prior case of a listed or unlisted misdemeanor for which no criminal charge could originally have been brought by notice or charge in the district court under this Section, the subsequent charge may be remitted to the juvenile court
2. Notwithstanding the provisions of Section 19-2-518, after filing charges in juvenile court but before the juvenile court conducts a rendition hearing, the district attorney may bring the same charges or charges against the minor by filing information directly with the district court or through it charge under this section. Upon such filing or arraignment in the district court, the juvenile court shall no longer have jurisdiction to hear such charge.
3. 1. In determining whether to bring charges in the district court under this section, the district attorney must first consider the following criteria:
      1. The seriousness of the offense and whether the protection of the community requires a response or consequence beyond what is provided for in this article;
      2. If the alleged crime was committed in an aggressive, violent, intentional or premeditated manner;
      3. If the alleged crime was against persons or property, greater weight will be given to crimes against persons;
      4. The minor's age and maturity, determined by considerations of the minor's place of residence, environment, emotional attitude and life pattern;
      5. The record and history of the minor;
      6. the likelihood of the child's rehabilitation through the use of sentencing options available in the juvenile and district courts;
      7. The community's interest in imposing a penalty commensurate with the seriousness of the crime;
      8. The impact of the offense on the victim;
      9. If the minor was previously admitted to the Human Services Department following a conviction for an offense constituting a felony; Y
      10. If the minor used or possessed a deadly weapon in the commission of a criminal offense and threatened to use it.
   2. The weighting of each of the factors listed in paragraph (a) of this subsection (3) is at the discretion of the district attorney. The inadequacy of any factor or set of factors will not prevent the district attorney from directly filing charges, provided the district attorney is satisfied that the information available supports the decision.
4. 1. If, after or contemporaneously with the filing of a delinquency petition, and after initial consideration of the factors set forth in subsection (3) of this section, the District Attorney believes the District Attorney believes that the case could be indicted by direct filing, the District Attorney will file it in juvenile court, with a Copy to the minor's attorney of record, or to the minor if the minor has relinquished counsel or if there is no attorney of record, an audit notice to be filed directly. The juvenile court must notify the juvenile of his right to assistance no later than forty-eight hours after receipt of the notice of recital. If the minor has previously waived his or her right to legal assistance, the minor has the opportunity to revoke this waiver.
   2. After the Direct Record Consideration Notice is filed, the minor has fourteen days to provide the district attorney with any information that the minor requests and that the district attorney considers related to the factors set forth in subsection (3) of this section. in the decision to bring direct charges. The District Attorney will order the indictment only after the fourteen day cooling off period. Nothing in this section obliges the district attorney to extend the cooling-off period; nothing in this section shall prohibit the district attorney from agreeing with the minor's counsel to extend the cooling off period. In addition, this section does not prevent the prosecutor from filing direct charges after the deliberation period has expired.
   3. The juvenile court will not accept a guilty plea during the direct file review period unless the guilty plea is filed with the consent of the district attorney.
   4. The district attorney is encouraged to provide the minor's attorney general with an opportunity to meet to discuss any information relevant to the factors listed in subsection (3) of this section before making a decision to file a direct file. However, the absence of such a meeting does not require an extension of the deadline for their consideration.
   5. At the discretion of the District Attorney, the provisions of this subsection (4) shall not apply to charges of first degree murder as described in Section 18-3-102, C.R.S., second degree murder as described in Section 18-3-. 103, C.R.S., or any sexual offense eligible for a direct record under subsection (1) of this section.
5. Upon direct filing of charges in the district court under this section, the district attorney must file a written statement listing the specific factors listed in subsection (3) of this section to which the decision directly relates.
6. 1. If a juvenile is convicted under this section after a criminal complaint has been filed with the district court for information or indictment, the district judge shall sentence the juvenile as follows:
      1. As an adult; O
      2. To the juvenile offender system in the Correctional Facility under Section 18-1.3-407, C.R.S.; except that a minor is not eligible for a juvenile delinquency conviction
      3. To the juvenile offender system in the Correctional Facility under Section 18-1.3-407, C.R.S.; except that a juvenile is not eligible for a sentence under the juvenile offender system if the juvenile has been convicted of:
         1. A class 1 felony;
         2. Any of Section 18-6-301 or 18-6-302, C.R.S. , or Section 4 of Article 3 of Title 18, C.R.S.; either
         3. A second or subsequent offense if the juvenile was sentenced to the correctional facility or juvenile justice system for the previous offense;
      4. Subject to the provisions of this Section, if the minor is under the age of sixteen at the time of the offense and is convicted of an offense other than a Class 1 or Class 2 offense, a violent crime as defined in Section 18-1.3 -406, C.R.S., or an offense described in subparagraph (V) of paragraph (b) of subsection (1) of this section and the court finds that special circumstances exist.
   2. The judge of the district court may convict a minor under the provisions of this Article if the minor has been convicted of a listed or unlisted offense for which no criminal charge could originally have been filed by information or prosecution in court.
7. For a person sentenced as a minor under paragraph 6 of this section, the following provisions shall apply:
   1. Section 19-2-908(1)(a), relating to the compulsory sentencing of criminals;
   2. § 19-2-908(1)(b) on repeat juvenile offenders;
   3. § 19-2-908(1)(c) on violent juvenile offenders; Y
   4. Section 19-2-601, on Serious Juvenile Offenders.
8. The court, in its sole discretion, may appoint a guardian ad litem for an accused minor by filing notice directly with the district court or by filing charges under this section.
9. The offenses described in this section include attempting, conspiring, or encouraging the commission of such offenses.

COLO. rev. STATE § 19-2-518 (2011). transfers

1. 1. The juvenile court may issue an order certifying that a minor is being held for criminal proceedings in the district court if:
      1. A petition filed with juvenile court alleges that the minor:
         1. Twelve or thirteen years of age at the time of the alleged offense and a juvenile offender for an offense that constitutes a Class 1 or Class 2 felony or a violent crime as defined in Section 18-1.3-406, CRS; either
         2. is at least fourteen years of age and a juvenile offender for having committed an offense that constitutes a felony at the time of the alleged offense; Y
      2. After an investigation and hearing, the juvenile court determines that it would be against the best interests of the minor or the public to retain jurisdiction.
   2. An application may be referred from the juvenile court to the district court only after a hearing provided for in this Section.
   3. If the offense allegedly committed is a felony as defined in Section 18-8-208 C.R.S. and no other offense is alleged to have been committed and the juvenile is guilty of a Class 4 or 5 offense then the charge of the offense cannot be brought directly in the magistrates' court but the juvenile court may hear the charge under paragraph (a) of this paragraph (1) forward to the District Court.
   4. 1. Except as provided in subparagraph (II) of this paragraph (d), in cases where criminal charges are referred to the District Court under the provisions of this Section, the judge of the District Court shall sentence the minor in accordance with the provisions of Section 18 -1.3- 401, C.R.S. if the minor is:
         1. Convicted of a Class 1 felony;
         2. Convicted of a violent crime as set out in Section 18-1.3-406, C.R.S. Are defined; either
         3. Convicted of any other criminal charge pursuant to paragraph (a) of this subsection (1) and the juvenile was previously convicted of a committed delinquent, violent juvenile offender, or felonious juvenile.
      2. In cases where the criminal charges are escalated to the District Court under the provisions of this Section, the District Court Judge may do so in Section 18-1.3-407, C.R.S. the provisions of subsection (I) of this paragraph (d); except that a juvenile is not eligible for a sentence under the juvenile offender system if the juvenile has been convicted of:
         1. A class 1 felony;
         2. Eliminated by Laws 2010, Cap. 264, § 2, eff. August 11, 2010. (C) Eliminated by Laws 2010 Cap. 264, § 2, eff. August 11, 2010. (D) Eliminated by Laws 2010 Cap. 264, § 2, eff. August 11, 2010.
         3. Any sexual offense covered by Section 18-6-301 or 18-6-302, C.R.S., or Part 4 of Article 3 of Title 18, C.R.S.
      3. In cases where the criminal charges are referred to the district court under the provisions of this section and the juvenile is not eligible for a conviction under subparagraph (I) of this paragraph (d), the judge of the court of the district court shall have the authority to rule to make any decision on the case that any juvenile court would have, or, in its sole discretion, return the case to the juvenile court for decision.
      4. If, after the criminal complaint has been submitted to the district court, a juvenile is convicted of a listed misdemeanor for which the criminal complaint could not originally have been submitted to the district court under this section, the court shall sentence the juvenile in accordance with the provisions of this article.
      d.5 Eliminated by Laws 2010, Cap. 264, § 2, eff. August 11, 2010.
   5. Whenever a minor under the age of fourteen is convicted under Section 18-1.3-401, C.R.S., as provided in paragraph (d) of this subsection (1), the Correctional Authority will enter into a contract with the Department of Human Services for the accommodation and services of the Provide minors in a facility operated by the Human Services Department until the minor reaches the age of fourteen. Upon reaching the age of 14, the minor will be transferred to an appropriate Department of Corrections facility to serve the minor's sentence.
2. After the charges are filed with the juvenile court but before the juvenile court conducts a rendition hearing, the district attorney may bring the same or different charges against the minor by directly filing a notice with the district court or a criminal prosecution under Section 19-2-517. Upon such filing or arraignment in the district court, the juvenile court shall no longer have jurisdiction to hear such charge.
3. During the transfer hearing, the court examines:
   1. If there is probable cause to believe that the minor has committed a criminal offense for which the juvenile court's jurisdiction over the minor and surrender to the district court may be requested pursuant to subsection (1) of this section; Y
   2. Whether the interests of the minor or the community would be better served if the juvenile court waives jurisdiction over the minor and delegates jurisdiction over the minor to the district court.
4. 1. The hearing will be held in accordance with Section 19-1-106 and the court will ensure that the minor and his or her parent, guardian or legal guardian have been fully informed of their right to representation by counsel.
   2. In considering whether or not to waive the juvenile court's jurisdiction over the child, the juvenile court must consider the following factors:
      1. The seriousness of the crime and whether community protection requires isolation of the minor beyond that provided by centers for minors;
      2. If the alleged crime was committed in an aggressive, violent, intentional or premeditated manner;
      3. If the alleged crime was against persons or property, greater weight will be given to crimes against persons;
      4. The minor's maturity, which is determined by considerations of the minor's place of residence, environment, emotional attitude and life pattern;
      5. The record and history of the minor;
      6. the likelihood of the juvenile's rehabilitation through use of the facilities available to the juvenile court;
      7. The community's interest in imposing a penalty commensurate with the seriousness of the crime;
      8. The impact of the offense on the victim;
      9. That the minor had previously been convicted twice as a juvenile offender for criminal offenses;
      10. The minor was previously found to be a juvenile offender for an offense that constitutes a violent crime as set forth in Section 18-1.3-406, C.R.S. Are defined;
      11. That the minor was previously admitted to the Human Services Department following a conviction for an offense constituting a felony;
      12. The minor is sixteen years of age or older at the time of the offense and the offense constitutes a violent crime as defined in Section 18-1.3-406, C.R.S. Are defined;
      13. The minor is at least sixteen years old at the time of the offense and has been convicted twice of offenses against property as a juvenile offender; Y
      14. That the minor used or possessed a deadly weapon in the commission of a criminal offense and threatened to use it.
   3. The weight to be given to each of the factors listed in paragraph (b) of this subsection (4) is at the discretion of the court; except that a record of two or more applications previously supported by offenses constituting felonies or a record of two or more juvenile probation waivers constituting felonies must provide prima facie evidence that retention the jurisdiction of the juvenile court would conflict with the best interests of the minor or the community.
   4. Insufficient evidence with respect to any one or more of the factors listed in paragraph (b) of this subsection (4) shall not in itself determine the issue of waiving jurisdiction of the juvenile court.
5. If a claim has been remanded to juvenile court under Section 19-2-517(1)(c) and prosecutors seek a waiver of jurisdiction under that section, the court's findings in the surrender hearing referenced above with respect to the listed factor shall apply in paragraph (c) of subsection (4) of this section must establish prima facie evidence that maintaining the jurisdiction of the juvenile court would be against the best interests of the child or the community.
6. Written reports and other materials relating to the minor's mental, physical, educational, and social history may be considered by the court, but the court must, at the request of the minor, the parent or guardian, or any other interested party, request the person or agency to prepare of the report and other materials to appear and be subject to both direct and cross-examination.
7. 1. If the court decides that its jurisdiction over a minor should be waived, it will issue an order to that effect; except that such order of resignation shall be void if the prosecutor does not file a complaint with the criminal division of the District Court within five days of the issuance of the written order of resignation, excluding Saturdays, Sundays and public holidays. If the public prosecutor does not provide information within five days of the issuance of the written resignation order, excluding Saturdays, Sundays and court holidays, the juvenile court remains competent and proceeds as provided in this article.
   2. As a condition of waiving jurisdiction, the court, in its discretion, may order that a minor remain in custody pending the transmission of information to the Trial Division of the District Court. If the juvenile provided a bond in the juvenile court proceeding, the bond may survive and be returned and surrendered to the district court, where it shall survive in full force and effect unless modified by an order of the district court.
8. If the court determines that it is in the best interests of the minor and the public for the court to retain jurisdiction, it will proceed with a judicial judgment as provided in Part 8 of this Article.