Colorado Springs Juvenile Crimes Lawyers

Defending Against Juvenile Crime Charges in Colorado

When a child is charged with a crime, it can have far-reaching consequences on both the child and child’s family. Juvenile convictions can interfere with college plans, eligibility for military service, employment, and personal relationships. 

Because Colorado law recognizes the decision-making and developmental differences between juveniles and adults, a juvenile system has been established that can help juveniles avoid the long-term impacts of a criminal conviction. 

At Aviso Law, we understand the complexities this brings and the importance of tailored legal support. Our team is committed to advocating for minimal disruptions to your child's future while promoting rehabilitation and constructive outcomes.

Call Aviso Law today at (719) 356-5552 or contact us online to schedule a free consultation with our juvenile crimes attorney in Colorado Springs.

Types of Juvenile Crimes in Colorado

Juvenile crimes in Colorado can cover a range of offenses similar to those committed by adults. Common types of juvenile crimes in Colorado include:

• Theft and Shoplifting
• Vandalism and Property Damage
• Drug Offenses
• Underage Drinking
• Assault and Battery
• Burglary
• Cybercrimes
• Sex Offenses
• Weapons Offenses
• Trespassing
• Curfew Violations
• Traffic Violations

Are Juveniles Punished the Same as Adults in Colorado?

Juveniles and adults in Colorado can be charged with the same crimes, but the court systems are organized such that the adult system is geared toward punishment and the juvenile system is geared toward rehabilitation. Still, juvenile charges are serious matters and can result in incarceration, removal from parents, and sometimes the same sentences as adults.

Key Differences in the Juvenile System

• Focus on Rehabilitation: The system aims to provide care and guidance, preferably in the child's own home, to help them become law-abiding, productive members of society.
• Privacy: Juvenile court proceedings are generally closed to the public, and juvenile records are typically confidential to protect the child's privacy and future.
• Terminology: Instead of "crimes," juveniles are often accused of "delinquent acts." A "conviction" is referred to as an "adjudication of delinquency." "Sentencing" is known as "disposition."
• Parental Involvement: Parents or legal guardians play a significant role in juvenile proceedings and are often required to attend court hearings with their child.
• Range of Dispositions: The court has a wide array of options for disposition, from diversion programs and probation to secure confinement in a Division of Youth Services facility.

The Risk of Transfer to Adult Court

While the juvenile system prioritizes rehabilitation, in certain serious cases, a juvenile can be transferred to adult criminal court, where they face the same penalties as adults, including long prison sentences and a permanent criminal record. This can occur through:

• Direct File: For very serious charges (e.g., Class 1 or 2 felonies, certain sexual offenses), the District Attorney has the discretion to directly file charges in adult district court if the juvenile meets specific age requirements (often 14 or older). This decision is made by the prosecutor without a judge's prior approval.
• Waiver/Transfer Hearing: In other felony cases, the juvenile court can hold a hearing to determine if the case should be transferred to adult court. The judge considers factors such as the seriousness of the offense, the juvenile's age and maturity, prior history, and whether the juvenile can be rehabilitated within the juvenile system.

The threat of adult prosecution is one of the most critical concerns for a juvenile criminal attorney in Colorado Springs. Aviso Law LLC vigorously fights against such transfers, presenting compelling arguments for keeping the case in the juvenile system.

What Are the Penalties for Juvenile Crimes in Colorado?

Juvenile crime penalties in Colorado can differ based on the severity of the particular offense and the juvenile's age. Some common penalties for juvenile crimes may include:

• Diversion Programs: Instead of formal court proceedings, juveniles may be referred to diversion programs aimed at addressing the underlying issues leading to the offense. These programs offer education, counseling, and community service tasks as alternatives to penalties.
• Probation: Juveniles may be placed on probation, which involves supervision by a probation officer. Conditions may include curfew, community service, and counseling. Probation is designed to ensure juveniles receive necessary oversight while remaining in the community.
• Restitution: Juveniles may be required to compensate victims for damages or losses resulting from their actions. This can involve monetary compensation or community services compensations.
• Counseling & Treatment Programs: Depending on the nature of the offense, juveniles may be ordered to participate in counseling, therapy, or other treatment programs. These programs target behavior modification and support personal development.
• Community Service: Juveniles may be required to perform community service as a way to give back to the community and learn the importance of contributing positively.
• Detention: In more serious cases, juveniles may be placed in a juvenile detention center. However, the focus is generally on rehabilitation rather than punishment. 

What are the Potential Defenses Against Juvenile Crime Charges?

Some common defenses against juvenile crime charges:

• Lack of Intent: If the juvenile did not have the intention to commit the crime, it may be argued that they lacked the necessary mental state for a conviction. This is crucial as many juveniles may not fully understand the consequences of their actions.
• Mistaken Identity: If there is evidence suggesting that the juvenile was misidentified as the perpetrator, a defense based on mistaken identity may be applicable. Investigations might include eyewitness testimony and forensic analysis.
• False Accusations: If there are reasons to believe that the accusations against the juvenile are false or motivated by ulterior motives, this can be used as a defense. Often, disputes or misunderstandings among peers can lead to wrongful accusations.
• Miranda Rights Violation: If law enforcement fails to inform the juvenile of their Miranda rights (right to remain silent, right to an attorney), statements made by the juvenile may be inadmissible in court. Protecting a juvenile's rights during arrest is essential for a fair trial.
• Illegal Search & Seizure: If evidence was obtained through an illegal search or seizure, it may be possible to challenge the admissibility of that evidence. Protecting constitutional rights is a cornerstone in criminal defense.
• Insufficient Evidence: If the prosecution lacks enough evidence to prove the juvenile's guilt beyond a reasonable doubt, a defense based on insufficient evidence may be raised. This entails scrutinizing the adequacy and validity of evidence presented.
• Juvenile Rights Violations: If the juvenile's rights during the legal process were violated, such as the right to legal representation, it may be a basis for a defense. Ensuring legal processes are followed protects against unjust treatment.
• Age & Capacity: Depending on the age and developmental capacity of the juvenile, their ability to understand the consequences of their actions may be considered as a factor in their defense. This can introduce mitigation based on a lack of mature judgment.
• Duress or Coercion: If the juvenile committed the crime under duress or coercion, it may be argued that they were compelled to engage in criminal behavior against their will. Identifying peer pressure or adult influence can be significant in these cases.

Contact Our Juvenile Crimes Attorney in Colorado Springs Today

Because of the significant impact of being charged with a criminal offense as a juvenile, and the even greater impacts of a conviction, it is important that the juvenile and their parents jointly decide to obtain the representation of a lawyer who can alleviate the pressure of this type of conviction and guide them toward a favorable outcome. 

The skilled attorneys at Aviso Law have represented juveniles facing offenses ranging from minor drug and assault charges to very serious sexual assault charges. With an approach of providing top quality representation while also guiding families through a very difficult process, we seek to offer the very best representation for our clients and their families. Moreover, our familiarity with Colorado Springs' legal landscape ensures localized strategies that consider jurisdiction-specific nuances and opportunities.

Contact Aviso Law or call (719) 356-5552 today to get started with our Colorado Springs juvenile crimes lawyers.