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- Why You Should Hire A Lawyer In A Juvenile Criminal Case At The Investigation Stage
- Colorado Juvenile Law – When Your Child Is Arrested – What To Do – A Guide For Parents
- Colorado Criminal Law – A Guide To Police Body Cameras In Colorado Criminal Cases
- Why You Should Retain A Local Colorado Criminal Defense Lawyer
- A Denver Colorado Juvenile Crimes Lawyer Explains the Two Kinds Of “Juvi” Jail
- Articles On Colorado Juvenile Criminal Law
- Colorado Juvenile Criminal Law – Dorm Room Searches – Can University Police Search My Dorm Room?
- Colorado Juvenile Criminal Law – Juveniles Denied The Right To Jury Trial In Most Cases – 19-2-107
- If Your Child Is Arrested In A Colorado Juvenile Criminal Case – Some Tips For Parents From A Colorado Juvenile Criminal Defense Lawyer
- Is My Child Just Bad – Or Does He Have A Conduct Disorder – Defenses & Sentencing In Colorado Juvenile Law Cases
- Colorado Juvenile Drug Crimes Defense – Fighting The Urge To Answer Police Questions – Those Are Not My Drugs
- Colorado Juvenile Criminal Law – Juveniles With Mental Health Issues – Important Issues To Understand
- Colorado Juvenile Criminal Law – I Am Now An Adult – How Can I Be Prosecuted in Juvenile Court?
- Avoiding Colorado Criminal Convictions – The Impact Of A Criminal History On College Applications
- Colorado Criminal Law – The Fraudulent Use Of Fake Or Phony ID’s By Underage Kids – What’s The Law?
- Colorado Juvenile Criminal Law – Why Children In Colorado Juvenile Court Should Be Unshackled – Unchained
- Colorado Juvenile Law – Lowest Age Before You Can Be Charged In Juvenile Court
- Colorado Criminal Law – Can The Police Detain Me While A Search Warrant Is Executed?
- Your Daughter Has Been Arrested – What Is The Impact On Her? – Colorado Juvenile Law
- Colorado Criminal Juvenile Law – Why Using Facebook Can Be A Very Dangerous Thing To Do
- In Colorado – Can The Police Question My Child Without My Permission?
- 2016 Update – Questioning Juveniles In Colorado Criminal Investigations – Miranda Rights
- A Colorado Juvenile Criminal Lawyer Often Represents “At Risk” Kids
- Kids, Guns, And Colorado Juvenile Law – A Dangerous Combination Section 18-12-108.5
- Colorado Criminal Law – Did My Child Just Confess At The School?
- Colorado Criminal Law – Understanding Searches Of Juveniles In Schools
- Understanding Colorado Minor In Possession (MIP) Cases – C.R.S. 18-13-122 – Colorado Juvenile Criminal Lawyer Series
- Colorado Juvenile Criminal Process Flowchart – ONE
- Colorado Juvenile Criminal Process Flowchart – TWO
- Colorado Juvenile Criminal Process – The Arrest – Summons
- Colorado Juvenile Criminal Process – The Detention Hearing And The Screening Function
- Colorado Juvenile Criminal Process – The Pretrial Process
- Colorado Juvenile Criminal Process – The Filing Decision
- The Filing Of Charges Decision In Colorado Juvenile Criminal Cases – The Charging Decision – Plea Bargaining Part I of II
- The Filing Of Charges Decision In Colorado Juvenile Criminal Cases – How Is The Case To Be Charged – Plea Bargaining Part II of II
- Colorado Juvenile Diversion Programs 19-1- 103(44) – An Important Warning – Speedy Trial – Statute of Limitations 6-5-401(1)(a)
- Colorado Juvenile Sentencing Part 2 – The Direct File Juvenile Offender Law
- Colorado Juvenile Criminal Process – The Adjudication Process
- Colorado Juvenile Law – The Right To A Speedier Speedy Trial 19-2-108 CRS
- Colorado Juvenile Criminal Trials – A Look At How They Work
- Colorado Juvenile Criminal Cases – Why Plea Bargaining In Juvenile Criminal Cases Is Different
- Colorado Juvenile Law – When IS There A Right To A Jury Trial? – C.R.S. 19- 2-107
- Colorado Juvenile Criminal Process – The Pre-sentence Investigation
- Colorado Juvenile Criminal Process – The Sentencing Decision
- The Colorado Juvenile Criminal Sentencing Hearing – Part I of III
- The Colorado Juvenile Criminal Sentencing Hearing – Part II of III
- The Colorado Juvenile Criminal Sentencing Hearing – Part III of III
- Understanding Colorado House Arrest – Home Detention Technology and Procedures
- A Denver Colorado Juvenile Crimes Lawyer Explains the Two Kinds Of “Juvi” Jail – DYC and YOS
- Understanding Colorado Juvenile Sentencing Part 1 – The Aggravated Juvenile Offender Law – § 19-2-601
- Colorado Juvenile Criminal Process – Post Conviction Issues
- Colorado Juvenile Law Statutes
- Sentencing Schedule – Options 19-2-907
- Colorado Juvenile Detention Screening Laws – C.R.S. 19-1-103(94.5), 19-2-212, 19-2-507(2),
- The Staff-Secure Facility C.R.S. 19-1-103, (101.5)
- Detention (JAIL) C.R.S. 19-2-507
- Issuance of a Lawful Warrant Taking a Juvenile into Custody – 19-2-503
- Release With Services C.R.S. 19-2-302
- Release to Parents or Guardian – C.R.S. 19-2-507(3)
- The Temporary Holding Facility C.R.S. 19-2-507(1)
- Aggravated Juvenile Offender 19-2-601
- Summons – Issuance – Contents – Service 19-2-514.
- Petition Form and Content 19-2-513
- Contempt – Warrant 19-2-515
- Petition Initiation 19-2-512
- Informal Adjustment 19-2-703
- Juvenile Diversion Program – Authorized 19-2-303 and Diversion 19-2-704
- Deferral of Adjudication 19-2-709
- Juvenile Speedy trial – Procedural Schedule 19-2-108
- Evidentiary Considerations 19-2-802
- Admissibility Of Evidence At Juvenile Trials 19-2-803
- Procedures at Juvenile Trials 19-2-804
- Presentence Investigation 19-2-905
- Sentencing – Special Offenders – 19-2-908
- Sentencing – Persons Eighteen Years of Age or Older – County Jail – Community Corrections 19-2-910.
- Sentencing – Alternative Services – Detention 19-2-911
- Sentencing – Placement With Relative 19-2-912
- Sentencing – Probation – Supervised Work Program 19-2-913
- Sentencing – Community Accountability Program 19-2-914
- Sentencing – Legal Custody – Social Services 19-2-915
- Sentencing – Placement Based on Special Needs of the Juvenile 19-2-916
- Sentencing – Fines 19-2-917
- Sentencing – Restitution by Juvenile 19-2-918
- Sentencing – Requirements Imposed on Parents 19-2-919
- Out-of-home Placement – Runaways – Duty to Notify 19-2-920
- Commitment to Department of Human Services 19-2-921
- Juveniles Committed to Department of Human Services – Evaluation and Placement 19-2-922
- Juveniles Committed to Department of Human Services – Transfers 19-2-923
- Juveniles Committed to Department of Human Services – Emergency Release 19-2-924
- Probation – Terms – Release – Revocation 19-2-925
- Juvenile Probation Officers – Powers and Duties 19-2-926
- Sentencing – Commitment to the Department of Human Services 19-2-909
- Sentencing – Animal Cruelty – Anger Management Treatment 19-2-918.5
- Juvenile Parole 19-2-1002
- Juvenile Community Review Board 19-2-210
- Parole Violation and Revocation 19- 2-1004
- Colorado Criminal Law – Under 18-12-105 – How Concealed Does A Concealed Weapon Have To Be?
- Birdseye Statutory View – Colorado Juvenile Criminal System
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Understanding The Colorado Juvenile Pretrial System Part I of II
By H. Michael Steinberg – Colorado Criminal Juvenile Defense Lawyer – Attorney
Understanding The Colorado Juvenile Pretrial System
Understanding The Colorado Juvenile Pretrial System – requires a close look at the rights and the people involved at this important stage in Colorado juvenile criminal proceedings.
The Filing Of The Colorado Petition In Delinquency – The Charging Documents
After the screening process is completed and the detention hearing is held, the District Attorney initiates the formal charging of a juvenile with a “delinquent act” by filing a juvenile delinquency petition naming the minor as a juvenile. The parent or guardian us also a named party called the Respondent.
Here is the law that addresses the District Attorney’s Right To File A Petition In Delinquency
19-2-512. Petition initiation.
(1) If the district attorney determines that the interests of the juvenile or of the community require that further action be taken, the district attorney may file a petition in delinquency on the form specified in section 19-2-513, which shall be accepted by the court. If the district attorney chooses to file a petition in delinquency on any juvenile who receives a detention hearing under section 19-2-508, he or she shall file said petition within seventy-two hours after the detention hearing, excluding Saturdays, Sundays, and legal holidays. Upon filing of such petition, the court, if practicable, shall send notice of the pendency of such action to the natural parents of the juvenile who is the subject of such petition.
The Advisement Hearing
At a juvenile’s first appearance – at the time of the filing of charges the juvenile is advised of his or her rights under Colorado law.
The judge is charged with the responsibility to make sure that juvenile and the parent or guardian of the juvenile understand the following rights:
1.The nature of the allegation contained in the juvenile delinquency petition;
2.The juvenile’s right to counsel by a lawyer and if the juvenile, parent, guardian, or other legal custodian is indigent, that the juvenile may be assigned a Colorado attorney to act as legal counsel, as provided by law;
3.The juvenile need not make any statement, and that any statement made may be used against the juvenile;
4.The juvenile potentially has the right to a preliminary hearing as set forth in Colorado law;
5.The juvenile’s potential right to a jury trial as set forth in Colorado law;
6.That any plea of guilty by the juvenile must be voluntary and not the result of undue influence or coercion on the part of anyone;
7.The sentencing alternatives available to the Court if the juvenile pleads guilty or is found guilty of committing a delinquent act;
8.The juvenile’s right to bail, as limited by law, and the amount of bail, if any, that has been set by the court;
9.Under certain circumstances that the juvenile may be subject to transfer to the criminal division of the district court to be tried as an adult, as provided by Colorado law.
The Pretrial “Discovery” Process – What Evidence Do They Have Against The Charged Juvenile
Discovery – the process of learning about the case against the juvenile is governed by the Colorado Juvenile Rules of Procedure. The District Attorney is obligated to disclose ALL police reports and statements of all witnesses, ALL physical evidence, the names and addresses of the witnesses then known to the district attorney whom he or she intends to call at trial, statements made by the juvenile, and the youth’s prior criminal history.
Understanding The Colorado Juvenile Pretrial System – The Discovery Deadline
Discovery must be disclosed “as soon as practicable” but not later than 21 days after the juveniles first appearance at the time of or immediately after the filing of charges. There is a “continuing duty to disclose” throughout the juvenile criminal case.
The Right To A Juvenile Criminal Case Preliminary Hearing
If a juvenile has been charged with having committed a class 1, 2, or 3 felonies, or a class 4, 5, or 6 felonies that require mandatory sentencing, or certain statutorily-defined crimes of violence or sexual offenses, he is entitled to and may demand a preliminary hearing.
Also – if the juvenile has not been released and is still held involuntarily – the juvenile has a right to a preliminary hearing if a felony is charged. The “prelim” must be held within 30 days of demand for the hearing. If the juvenile is not in custody – the hearing must be held as promptly as the court’s calendar permits.
Burden of Proof At The “Prelim”
Just as in adult cases – the burden of proof is the same. The DA must establish that probable cause. If that occurs – the case is scheduled for an adjudicatory trial. If probable cause is NOT shown – the case – the petition is dismissed and the juvenile released if in custody.
If No Right To A Preliminary Hearing – Then A “Dispositional Hearing”
If the juvenile is not in custody and if he or she is not charged with a felony – the next hearing is called a “dispositional hearing,” This kind of hearing is really just an opportunity for the parties to try to reach an agreement to a plea bargain…. that is – a resolution of the case without the need for an adjudicatory trial.
Entry Of The Plea – Or Resetting The Case For Further Proceedings
If the juvenile and the juvenile’s lawyer have already made discovery in the case (reviewed the police reports and examined all possible defenses) and plea bargaining has resulted in an agreement – then a plea can enter – even at this early stage in the case. On the other hand, if the defense cannot reach an agreement with the prosecution at this stage and believes a trial is more likely – then a preliminary hearing may be set if the juvenile qualifies for such a hearing (addressed in another article).
Next article Plea Bargaining And The Possible Pleas That Can Enter In A Colorado Juvenile Case
Understanding The Colorado Juvenile Pretrial System
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.
If you are charged with A Colorado crime or you have questions about Understanding The Colorado Juvenile Pretrial Systemshoplifting or grand theft, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.
Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.
Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on issues involving ..Understanding The Colorado Juvenile Pretrial System.
Other Articles of Interest:
- Understanding The Colorado Juvenile Pretrial System Part II of II
- Colorado Juvenile Criminal Process – The Pretrial Process
- Understanding Colorado House Arrest – Home Detention Technology and Procedures
- Release With Services C.R.S. 19-2-302
- Birdseye Statutory View – Colorado Juvenile Criminal System
