 ■ JUVENILE ISSUES IN COLORADO
The Law Office of Sarah Christensen understands the delicate nature of juvenile offenses. When a child is charged with a crime it can be a life altering event for both the child and the child’s parents. Whether it is a minor in possession of alcohol charge, a juvenile assault charge, or something even more severe - parents have good reason to be concerned over a juvenile’s exposure to the judicial system.
Below are the answers to some of our most frequently asked questions related to juveniles, criminal charges, and the law....
1. Does My Child Need A Lawyer?
The Family Juvenile Code provides that a child has a right to counsel "at every stage of proceedings."
2. What Age Is A "Child" For The Purposes Of The Juvenile Court?
A child is a person who is ten years of age or older and under 18 years of age at the time of the conduct.
3. What Should I Know If My Child Is Arrested/Detained?
It is important for the child to remain silent regarding the offense, as any statement made may be used against the child at a later time. This is true of information given at the intake stage and at the "social history" appointment as well.
4. Can I Be Called As A Witness Against My Child?
Yes. There is no legally recognized parent-child confidential relationship which protects your child from your testimony at a juvenile trial.
5. Does My Child Have To Talk To The Police Or The Intake Officer Without Me?
Your child may invoke his or her constitutional right to remain silent and to counsel, just as any adult may. This right does not encompass non-incriminating information, such as name, parents' names and residence, residence of child, school, work, and other identifying information. There is a duty for a police officer or an intake officer to require the permission of a parent or guardian before speaking with a child. A request by a child to see a parent prior to an interrogation is NOT the legal equivalent of requesting counsel.
6. What Happens At A Detention Hearing?
The sole purpose of a detention hearing is to determine whether a child should be detained or released to a parent or guardian. The legal presumption is that the child should be released. The court will consider whether the child is likely to abscond or be removed from the jurisdiction of the court; suitable supervision, care or protection for the child is not being provided by a parent, guardian, custodian, or other person; the child has no parent, guardian, custodian, or other person able to return him or her to the court when required; and he or she is accused of committing a felony offense and may be dangerous to himself or others if released.
Colorado Springs Criminal Defense Attorney Sarah Christensen has plenty of experience handling juvenile cases. She understands how tragic it is for a child to have a conviction at an early age. |
