JUVENILE PROSECUTION
JUVENILE PROSECUTION
l05 East Vermijo Ave.
Colorado Springs, Colorado 80903
Phone (719) 520-6073
The mission of the juvenile prosecution division is to protect the public from future victimization by repeat juvenile offenders. At the same time, the course of prosecution must provide opportunities for rehabilitation for the youthful offender who is receptive to reform.
John R. Newsome
District Attorney
JUVENILE COMPLAINT AND REFERRAL
A law enforcement officer serves a Juvenile Complaint and Referral (JCR) on a juvenile (age 10 to under 18) if the officer has probable cause to believe the juvenile was involved in a criminal episode, either because he/she was apprehended in the act or as the result of an investigation.
During the process of an investigation, a law enforcement officer may wish to interview a juvenile. If the juvenile is a suspect in the alleged crime, and is in police custody, the officer must have a parent/guardian present and read the basic Miranda rights (right to remain silent, to have an attorney present, etc.) to the juvenile and the parent/guardian.
The juvenile and the parent/guardian are asked to sign the JCR. This acknowledgment does not constitute an admission of guilt. This is a promise to appear in the Juvenile Court if summoned to do so. Refusal to sign the JCR does not prevent the later filing of charges. Juneviles charged with committing a felony, class one misdemeanor, or any act of domestic violence are required to be fingerprinted by law enforcement.
DETENTION
The law enforcement officer may return the juvenile to the custody of the parent/guardian; however, the officer will transport the juvenile to Spring Creek Detention Center if:
- The parent/guardian cannot be located
- The alleged crime was violent in nature
- The juvenile has an extensive juvenile criminal record
- The parent/guardian refuses to have the juvenile returned to their home
- The juvenile used or possessed a deadly weapon
Once admitted to Spring Creek Detention Center, the juvenile has a right to a detention hearing within 48 hours (excluding Saturdays, Sundays and Court holidays).
The purpose of a detention hearing is to determine if the juvenile should continue to be detained. The Court can make one of the following orders:
- The juvenile remains in detention if there is a finding that he/she is a danger to his/herself or the community. In all cases, criminal charges are to be filed within 72 hours by the District Attorney.
- The juvenile may be placed on "tracking", a detention alternative - house arrest with the juvenile allowed to leave home only to attend school or employment.
- The juvenile may be placed out of the home by order of the Court through the Department of Human Services.
- The juvenile may be released to the parent/guardian on bond - usually with strict rules concerning curfews, attendance at school, maintenance of a certain GPA, and following the rules at home provided by the parent/guardian.
FILING PROCEDURE
After law enforcement officers submit their reports to the Juvenile Division of the District Attorney's Office, the charges may be handled in one of the following ways:
- Referrals from law enforcement agencies are filed directly into the Juvenile Court System when the juvenile has a prior record, the crime was violent in nature, a weapon was used, or the allegations are that a sexual assault occurred.
- First-time offenders who have committed nonviolent crimes are referred to the District Attorney's Office Juvenile Diversion Program. If the juvenile denies involvement or fails to meet the conditions of the Diversion Program, the charges are returned to the Juvenile Prosecution Division for filing in the Court system.
- If there is not sufficient evidence to prove beyond a reasonable doubt that the juvenile committed the crime alleged, the charges are not filed.
Petitions are served on the juvenile and parent/guardian in court on the date contained in the summons, or within 72 hours following a detention hearing.
COURT PROCEEDINGS
The juvenile and parent/guardian are required to appear in Court. At that time the Juvenile Commissioner advises them of their rights, the charges that have been filed, and the possible consequences. The juvenile and parent/guardian are asked if they wish to be represented by an attorney. They may hire a private attorney, or - if eligible - may obtain representation from the Public Defender (475-1235). The juvenile may also choose to proceed "pro se" (defending him/herself) or choose to enter a plea. If the juvenile and parent/guardian decide to enter a guilty plea, the sentencing may take place immediately, or the case may be set over for sentencing at a later date.
If the juvenile requests it, the case may be tried before a Magistrate or a Juvenile District Court judge regardless of whether the charges are misdemeanors, felonies, or a combination of both.
If one or more charges are felonies (more serious offenses), the juvenile may request a preliminary hearing if otherwise allowed under Colorado law. This is a hearing to determine if there is probably cause to believe the incident charged actually happened and that the juvenile may have been involved. At this hearing, the evidence is taken in the light most favorable to the prosecution. If probable cause is found, the case is bound over for trial.
If the finding of the Court or the jury is "not guilty", the case is dismissed.
If the juvenile is found "guilty" - or if the juvenile has entered a plea of guilty but not had a trial - the Court sets the case over for a period of time so that the Probation Department may prepare a presentence investigation report. This will include a recommendation for the appropriate consequence to the juvenile.
The Court may impose one or more of the following sentences:
- Probation for 6 months to 2 years
- Placement outside the home
- Fine of up to $300
- Useful public service
- Detention for 45 days
- Commitment to the Division of Youth Corrections for up to 2 years
- Juveniles aged 18 or over at the time of sentencing can receive commitment for 6 months in the County Jail or 1 year in a community correction facility.