When a young person faces criminal charges, the situation is typically stressful and confusing for the entire family. The juvenile justice system in Colorado differs from the adult system, but even a small mistake can have potentially lasting consequences. That’s why seeking knowledgeable legal support is so important.
At Grabski & Shah, we understand what you’re going through. Our attorneys, Jared Grabski and Meghal Shah, bring years of dedicated experience to help families through these difficult times. We stand apart by offering compassionate, clear-headed guidance focused on protecting a minor's future. We proudly serve families in Colorado Springs, Colorado, helping you understand how minors are treated under Colorado law.
The Colorado Juvenile Justice System
The primary goal of Colorado's juvenile justice system differs from that of the adult criminal system. While the adult system focuses mainly on punishment, the juvenile system emphasizes rehabilitation. The goal is to guide young people back onto a positive path, helping them understand their actions and make better choices in the future. This approach acknowledges that young people are still developing and possess a significant capacity for change.
This focus on rehabilitation shapes every aspect of the process, from how cases are handled to the types of sentences imposed. Instead of prison, a juvenile might be sentenced to probation, community service, or a treatment program. The court aims to find a solution that addresses the root cause of the behavior while holding the minor accountable for their actions.
This means that the proceedings, terminology, and potential outcomes are all unique to juvenile court. For families unfamiliar with this world, having a guide who is familiar with the system is a significant advantage.
How Colorado Law Treats Minors Differently
Colorado law for juveniles is built on the understanding that minors are not just small adults. The law makes specific distinctions in how they are charged, tried, and sentenced. These differences are designed to protect young people and give them a genuine opportunity for a second chance. Some of the ways Colorado law treats minors differently include the following.
Age and Jurisdiction
In Colorado, a "juvenile" is typically defined as a person who is at least 10 years old but has not yet reached the age of 18. When a person within this age range is accused of committing an act that would be a crime if committed by an adult, their case is usually handled in juvenile court. This is a fundamental distinction. Juvenile courts are separate from adult criminal courts and operate under their own set of rules and procedures.
However, there are exceptions. For grave offenses, a district attorney can file a motion for a "direct file," which requests that the minor be charged as an adult. This is typically reserved for older teenagers accused of violent felonies. If the court grants this motion, the case will be transferred to adult court, and the minor will potentially face the same penalties as an adult, including lengthy prison sentences. This is a serious step, and fighting against a direct file action is a key part of building a strong juvenile defense.
Delinquency vs. Criminal Conviction
In the juvenile system, a minor is not found "guilty" of a "crime." Instead, they are "adjudicated delinquent" for committing a "delinquent act." This may seem like a slight change in wording, but it has significant legal implications. An adjudication of delinquency is not the same as a criminal conviction.
This distinction is meant to reduce the lifelong stigma associated with a criminal record. While a juvenile record does exist and can have consequences, it is generally treated with more confidentiality than an adult record. The goal is to prevent a mistake made as a teenager from creating permanent barriers to education, employment, and housing later in life.
Sentencing and Rehabilitation
Sentencing in juvenile court is also very different. Instead of focusing on punishment, a juvenile judge or magistrate will craft a sentence aimed at rehabilitation and the well-being of the minor. Some common sentencing options include:
Probation: The most common sentence, where a juvenile is supervised by a probation officer and must follow specific rules, such as attending school, obeying a curfew, and completing community service.
Detention: This is the juvenile equivalent of jail. A minor can be held in a juvenile detention facility for a set period. Detention sentences are generally much shorter than they would be for adults.
Division of Youth Services (DYS) commitment: For more serious offenses, a juvenile may be committed to the care of DYS. This involves placement in a secure residential facility that provides education, therapy, and rehabilitation programs.
Restitution: The minor may be ordered to pay for damages caused by their actions.
Counseling and treatment programs: A judge can order a juvenile to attend therapy, substance abuse treatment, or other programs designed to address underlying issues.
These sentencing options provide the court with flexibility to address each case individually, taking into account the minor’s background, circumstances, and potential for growth.
Sealing Juvenile Records
In the Colorado juvenile system, you can have your records sealed. A sealed record is treated as if it never existed. For most public and private purposes, a person whose record has been sealed can legally say they were never arrested or charged.
The process for sealing a record is called expungement. However, your eligibility for expungement depends on the seriousness of the offense and the amount of time that has passed since the case was closed. For lower-level offenses, records can be sealed automatically or after a one-year waiting period has passed. For more serious felonies, the waiting period can be up to three to five years.
Sealing a record is a powerful tool that can help a young person move forward without being held back by past mistakes. It opens doors to college, jobs, military service, and professional licenses that might otherwise be closed. At Grabski & Shah, we will work with your family to help you understand the expungement process and take steps to secure a clean slate for your child when the time is right.
Juvenile Defense Attorneys in Colorado Springs, Colorado
At Grabski & Shah, our attorneys are deeply familiar with Colorado's juvenile laws. We understand that missing a court deadline or filing incorrect paperwork can result in severe and lasting consequences. When a young person is involved, it is critical to handle the case correctly from the outset.
Our experienced attorneys are dedicated to providing strategic legal support when you need it most. Located in Colorado Springs, Colorado, we serve clients throughout the nearby areas. Contact us today to schedule a consultation for your juvenile defense case.
