Juvenile Criminal Defense in Colorado: Protecting Young Offenders
When a child or teenager is charged with a crime in Colorado, it can be an overwhelming experience, both for the young person and their family. Juvenile courts operate under a different set of rules, procedures, and goals than the adult system. While the juvenile system is focused on rehabilitation, conviction still carries serious consequences.
At Whitaker & Penix, LLC, our Breckenridge juvenile criminal defense lawyers understand the importance of experienced juvenile criminal defense. We help families in Summit County and throughout the 6th Judicial District, providing aggressive legal defense to protect your child’s future.
The Structure of Colorado’s Juvenile Justice System
Colorado’s juvenile justice system is designed to hold minors accountable while promoting rehabilitation and growth. Minors, which generally means anyone under the age of 18, are usually processed through the juvenile court system when they are accused of a crime.
Goals of the Juvenile System
- Rehabilitate youth offenders
- Provide education and treatment
- Encourage reintegration into the community
- Prevent repeat offenses
Although the goals are rehabilitative, the system can still impose serious sanctions, especially for repeat or violent offenses. That’s why it’s essential to have the right juvenile attorney by your side.
Common Juvenile Charges in Summit County
Some of the most frequent charges our firm sees involving minors include:
- Theft/shoplifting
- Underage drinking or possession
- Drug use or possession
- Assault or fighting at school
- Vandalism or property damage
- Cyberbullying and sexting offenses
If your child has been accused of a juvenile crime, the consequences can be harsh. They could even be subjected to detention.
Youth Offender Rights in Colorado
Minors have many of the same constitutional protections as adults. Understanding these rights is essential to ensuring fair treatment. Police and schools don’t always explain these rights clearly. That’s why you’ll want to contact an experienced Breckenridge criminal defense attorney right away, and your attorney should be present any time your child is questioned.
Minors have the following legal rights:
- Right to remain silent: Minors can refuse to answer police questions.
- Right to an attorney: They have a right to legal representation for minors, including a public defender if they cannot afford a private lawyer.
- Right to a fair trial: Most juvenile cases are handled by a judge, not a jury, but fairness and due process must still be upheld.
- Right to parental notification: Parents or guardians must be notified if a child is taken into custody.
- Right to avoid self-incrimination: Any statement made without proper legal and parental advisement may be inadmissible in court.
Juvenile Court Procedures in Colorado
Here’s a basic outline of how juvenile cases move through the court system:
Detention or Arrest
If a child is taken into custody, they may be held in a juvenile detention center or released to a parent.
Screening and Filing Charges
A juvenile intake officer will assess the case. The district attorney decides whether to file formal charges in juvenile court.
Detention Hearing (if detained)
This must occur within 48 hours (excluding weekends/holidays). The judge will decide if the youth should remain in custody pending the case.
Advisement and Arraignment
The youth is informed of the charges and enters a plea. The judge may appoint a juvenile attorney if the child doesn’t have one.
Pretrial Motions and Plea Negotiations
Defense attorneys may challenge evidence or seek to resolve the case with a plea agreement.
Adjudicatory Hearing
This is similar to a trial. The judge decides whether the youth is guilty, which is referred to as being adjudicated delinquent.
Disposition (Sentencing)
If found delinquent, the judge imposes consequences. This could include probation, incarceration, counseling, community service, or diversion programs.
Probation is an alternative to incarnation which allows young offenders to remain in their community under strict court ordered conditions.
Effective Defense Strategies in Juvenile Cases
The stakes are high in juvenile court. That’s why our approach to juvenile criminal defense is proactive and individualized.
Common Defense Strategies:
- Challenging illegal searches or confessions
- Questioning the credibility of witnesses
- Seeking dismissal based on insufficient evidence
- Arguing for diversion instead of prosecution
- Emphasizing the youth’s background, mental health, and family support
Our goal is to resolve cases in a way that avoids incarceration and minimizes long-term harm.
Juvenile Rehabilitation Programs in Colorado
Colorado offers several alternatives to detention, focusing on helping young people learn from their mistakes.
Common Programs Include:
- Diversion: Avoids court altogether through early intervention and community service.
- Deferred Adjudication: The case is dismissed if the youth meets certain conditions.
- Restorative Justice Programs: Brings victims and offenders together to repair harm.
- Therapy and Counseling: Court-ordered mental health or substance abuse treatment.
- Youth Probation: Structured supervision with educational and behavioral goals.
Participation in these programs can help a young person avoid a criminal record, restore relationships, and build a more positive path forward.
When Can a Juvenile Be Tried as an Adult?
In some cases, a youth aged 16 or 17 may be charged in adult court, particularly for serious violent felonies. This is called direct file. We fight to keep these cases in juvenile court, where the focus remains on rehabilitation.
The Role of Parents in Juvenile Defense
Parents play a key role in supporting their child through this process. They are usually required to:
- Attend all court hearings
- Ensure their child complies with court orders
- Participate in family counseling if ordered
Parental Rights
Parents also have the right to:
- Be informed of all charges and hearings
- Attend interviews and evaluations
- Retain a private juvenile attorney for their child
Why Legal Representation for Minors Matters
Whitaker & Penix, LLC has an A+ rating from the Better Business Bureau. We offer compassionate communication with families and creative strategies to protect your child’s future. We act as your child’s advocate, negotiating with prosecutors, building a strong defense, and working toward the best outcome.
Both of our attorneys, Kylie Whitaker and Ehren Penix, have experience working as criminal prosecutors and in private practice. We have an in-depth understanding of Breckenridge and Summit County courts and the probation system.
What Should You Do If Your Child Is Charged?
- Do not let them speak to police alone.
- Contact an attorney immediately.
- Gather any documents, witness names, or communications related to the incident.
- Avoid discussing the case in detail over the phone or social media.
- Provide emotional support for your child.
Every day matters in juvenile cases. The sooner you act, the more options we have to resolve the case favorably.
Speak With a Trusted Juvenile Criminal Defense Attorney in Summit County
Everyone deserves a second chance and a strong defense. We’re here to help your family through this difficult time.
Call Whitaker & Penix, LLC at (970) 368-0602 or to schedule a confidential consultation today.
We’ll walk you through Colorado’s juvenile court procedures and fight to protect your child’s future.