When your child is facing criminal charges, you may be unsure what to do first or how to protect their rights. In Colorado, juvenile cases are generally handled through a separate justice system, with procedures and legal protections that differ from adult criminal cases. As a parent, understanding the process and knowing what steps to take can help you respond to the situation.
At Grabski & Shah, we represent families in Colorado Springs and the surrounding areas in juvenile defense matters. We review the allegations, explain your child's legal rights, and help you prepare for what may happen in court.
If your child has been arrested or charged with a crime, getting legal advice early can make a difference in how you approach the case. Contact us today to schedule a free consultation.
How Does Colorado Handle Juvenile Charges?
Colorado generally treats delinquency cases through its juvenile justice system rather than simply processing children the same way as adults. The Colorado Children's Code states that the juvenile justice system considers public safety while also taking into account the interests of the juvenile, the victim, and the community.
The specific process depends on the allegations, your child's age, whether they are detained, and other circumstances. Certain serious charges may also result in a juvenile being prosecuted in adult criminal court under Colorado law.
Parents should avoid assuming that a juvenile charge will automatically disappear because the child is young or because it is a first offense. Some cases may qualify for diversion, which allows eligible juveniles to address allegations outside the traditional court process. Others may proceed to adjudication, where the court determines whether the allegations have been proved.
Does My Child Have a Right to an Attorney?
Yes. Colorado law provides juveniles with a right to counsel in delinquency proceedings, and the court must advise the juvenile and the parent, guardian, or legal custodian of that right at the first court appearance. Depending on the circumstances, publicly funded counsel may be appointed based on financial eligibility or other statutory grounds.
If your child is detained for an alleged delinquent act, counsel is required at the detention hearing. Colorado law generally requires that hearing within 48 hours, excluding Saturdays, Sundays, and legal holidays, subject to applicable exceptions and court-authorized extensions.
You should also understand that being a parent does not mean you can act as your child's attorney. The attorney represents your child, whose legal interests and decisions may sometimes differ from your own.
What Rights Does My Child Have During Police Questioning?
Your child has the right to remain silent and to request an attorney during custodial questioning. Encourage your child to ask for legal counsel before answering questions about the allegations.
Colorado also has special rules governing statements made during juvenile custodial interrogation. Generally, a parent, guardian, or qualifying custodian must be present, and the required rights must be explained for those statements to be admissible. However, exceptions apply, including certain situations involving defense counsel or a valid waiver.
If officers have already questioned your child, tell the defense attorney what happened, including who was present and whether your child received an explanation of their rights. The attorney can examine whether the questioning complied with Colorado law.
What Should Parents Do After an Arrest or Charge?
Your role can be practical and supportive without taking over decisions that belong to your child and their attorney. Taking these steps can help you address immediate concerns and preserve information relevant to the case.
Contact a juvenile defense attorney promptly, especially if your child remains in custody or police want to question them.
Keep copies of court notices, charging documents, and other paperwork in one place.
Make sure your child understands upcoming court dates and follows applicable court conditions.
Preserve relevant messages, photographs, videos, and witness information, and share them with your child's attorney.
Encourage your child not to discuss the allegations publicly or on social media.
Avoid contacting alleged victims or witnesses about the case unless the attorney advises that doing so is appropriate.
If your child has been released, review any conditions carefully. These may involve supervision, restrictions on contact with certain people, or other requirements.
What Can Happen During the Case?
The next steps depend on the charge and procedural posture. A detained juvenile may have a detention hearing addressing whether continued detention is appropriate, while other cases may proceed through appearances and hearings without detention. You may encounter terms such as:
Detention hearing: A hearing addressing whether a detained juvenile should remain in detention or be released under applicable conditions.
Preliminary hearing: In qualifying cases, a hearing addressing whether probable cause exists to proceed on the alleged delinquent acts.
Status hearing: A proceeding addressing the case's progress and outstanding issues.
Adjudication: A determination of whether the prosecution has proved the alleged delinquent act.
Disposition: The court's decision about what should happen after a delinquency adjudication.
Not every case involves each type of hearing. Your child's attorney can explain which proceedings apply and what decisions may be made at each stage.
What Consequences Could My Child Face?
If your child is adjudicated delinquent, the court may order probation, community service, treatment or counseling, restitution, or other appropriate measures. More serious cases may involve placement outside the home or commitment to the Division of Youth Services.
The outcome depends on factors such as the offense, your child's circumstances, and the applicable legal requirements. An adjudication may also affect your child's future, although Colorado provides procedures for expunging certain eligible juvenile records.
How Can Parents Support a Juvenile Defense?
One of the most useful things you can do is help your child stay engaged with the process while allowing the defense attorney to handle legal strategy. You can also share relevant information about your child's school attendance, family circumstances, counseling, or other matters that may be important to the case.
We can also help families understand what information may matter to the defense. Depending on the circumstances, that can include communications, school records, witness information, photographs, videos, or other evidence. Our Colorado juvenile defense attorneys can evaluate the allegations and explain your legal options.
Protect Your Child's Rights With a Juvenile Defense Attorney
A juvenile criminal charge can create practical questions about court appearances, detention, school, family responsibilities, and what happens next. Getting legal guidance early allows you to address those concerns while understanding the allegations and your child's rights.
At Grabski & Shah, we represent clients in Colorado Springs, Colorado, and throughout the surrounding areas in criminal and juvenile defense matters. Our criminal defense team can review the allegations, explain the process, and help you and your child understand the choices that may arise as the case moves forward.
Contact us today for a free consultation to discuss your child's situation and the next steps available to your family.
