By H. Michael Steinberg – Colorado Criminal Juvenile Defense Lawyer – Attorney
Understanding The Colorado Juvenile Pretrial System – This article addresses aspects of the advisement process that include the issuance of a summons (not a warrant), the mandatory protection order and the setting of bail.
If a juvenile is NOT ARRESTED but is under investigation and the police believe and the DA concurs he or she should be charged – a summons can be issued with a court date within 30 days.
Compare this to the arrest of the juvenile – where – after a detention hearing – the juvenile is held in a detention center or other “pre-adjudication services program.” Under these circumstances , the district attorney must file a petition in delinquency within 72 hours (excluding weekends and holidays) of the detention hearing.
If the police and the DA opt not to arrest a juvenile – the petition in delinquency is filed, and the court issues an official court summons which contains the nature of the criminal charges against the juvenile and the juvenile’s constitutional and legal rights.
The same procedure then occurs at the first advisement (see Part I).
Whether the case is initiated by arrest or by summons – in all criminal court cases, the judge will issues a mandatory protection order that binds the juvenile and the juvenile’s parents or legal guardian. This order restrains both parties them “from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the” act charged in the petition. In some instances – such as domestic violence – the order is enhanced and made a NO CONTACT ORDER. Violation of either order results usually results in an arrest – in a new charge – violation of a protection order – and possible bail bond violation charges. Be careful not to violate this order.
It is a standard order and is required by law. The order is ongoing – it remains in place throughout the case unless a motion to modify it is filed and only then after a hearing in open court. The standardized form used to issue the order has several sections – I suggest you read them before you agree to ANY of them. These sections may contain prohibitions such as no weapons – no consumption of alcohol and other important restrictions on your freedoms.
A violation of a mandatory protection order is punishable as contempt of court, but also can be prosecuted as a restraining order violation – for example if the minor is accused of alcohol cosumption or possession.
In Colorado juvenile cases – without the agreement / consent of the DA – a judge faced with a juvenile who is charged with a felony or a class one misdemeanor cannot release that child without setting a bond. Note that even if the DA objects – the judge can still set a signature, or PR (personal recognizance bond)… requiring no cash or bondsman. Remember the a judge is mandated – required to release a juvenile to the custody of his parents UNLESS this statute applies.
This authority only applies if:
(1) the juvenile has been found guilty of a delinquent act constituting a felony or class one misdemeanor within one year prior to his or her detention;
or
(2) the juvenile is currently at liberty on another bond of any type;
or
(3) the juvenile has a pending delinquency petition alleging a felony anywhere in the state for which probable cause has been established.
If a juvenile court judge finds that a child is “a danger to himself or herself or to the community” the judge may retain the child in custody or may release him to be placed in a pre-adjudication services program. While pre-adjudication service programs are not the same county to county – they will provide certain levels of supervision.
A modification of the mandatory or no contact order or ALL other conditions of bond can be sought by either the district attorney or the juvenile at any time.
ABOUT THE AUTHOR : H. Michael Steinberg – Email The Author at: hmichaelsteinberg@colorado-juvenile-crimes-lawyer or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-7777.
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