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Understanding The Colorado Juvenile Pretrial System Part II of II

By H. Michael Steinberg – Colorado Criminal Juvenile Defense Lawyer – Attorney

Understanding The Colorado Juvenile Pretrial System

Understanding The Colorado Juvenile Pretrial System

Understanding The Colorado Juvenile Pretrial System – This article addresses aspects of the advisement process that include the issuance of a summons (not a warrant), the mandatory protection order and the setting of bail.

The Filing Of The Colorado Petition In Delinquency – Child Not In Custody – Proceeding By Summons

If a juvenile is NOT ARRESTED but is under investigation and the police believe and the DA concurs he or she should be charged – a summons can be issued with a court date within 30 days.

Compare this to the arrest of the juvenile – where – after a detention hearing – the juvenile is held in a detention center or other “pre-adjudication services program.” Under these circumstances , the district attorney must file a petition in delinquency within 72 hours (excluding weekends and holidays) of the detention hearing.

If the police and the DA opt not to arrest a juvenile – the petition in delinquency is filed, and the court issues an official court summons which contains the nature of the criminal charges against the juvenile and the juvenile’s constitutional and legal rights.

The same procedure then occurs at the first advisement (see Part I).

Understanding The Colorado Juvenile Pretrial System – The Mandatory Protection Order (Pay Attention To This Order)

Whether the case is initiated by arrest or by summons – in all criminal court cases, the judge will issues a mandatory protection order that binds the juvenile and the juvenile’s parents or legal guardian. This order restrains both parties them “from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the” act charged in the petition. In some instances – such as domestic violence – the order is enhanced and made a NO CONTACT ORDER. Violation of either order results usually results in an arrest – in a new charge – violation of a protection order – and possible bail bond violation charges. Be careful not to violate this order.

It is a standard order and is required by law. The order is ongoing – it remains in place throughout the case unless a motion to modify it is filed and only then after a hearing in open court. The standardized form used to issue the order has several sections – I suggest you read them before you agree to ANY of them. These sections may contain prohibitions such as no weapons – no consumption of alcohol and other important restrictions on your freedoms.

A violation of a mandatory protection order is punishable as contempt of court, but also can be prosecuted as a restraining order violation – for example if the minor is accused of alcohol cosumption or possession.

Setting A Bail Bond In Colorado Juvenile Criminal Cases

The District Attorney’s Bail Bond “Veto Power”

In Colorado juvenile cases – without the agreement / consent of the DA – a judge faced with a juvenile who is charged with a felony or a class one misdemeanor cannot release that child without setting a bond. Note that even if the DA objects – the judge can still set a signature, or PR (personal recognizance bond)… requiring no cash or bondsman. Remember the a judge is mandated – required to release a juvenile to the custody of his parents UNLESS this statute applies.

This authority only applies if:

(1) the juvenile has been found guilty of a delinquent act constituting a felony or class one misdemeanor within one year prior to his or her detention;

or

(2) the juvenile is currently at liberty on another bond of any type;

or

(3) the juvenile has a pending delinquency petition alleging a felony anywhere in the state for which probable cause has been established.

A Finding Of A “Danger To Himself Or Others”

If a juvenile court judge finds that a child is “a danger to himself or herself or to the community” the judge may retain the child in custody or may release him to be placed in a pre-adjudication services program. While pre-adjudication service programs are not the same county to county – they will provide certain levels of supervision.

The Conditions Of Release May Include:

      • telephone supervision,
      • office visits to the pre-adjudication service agency,
      • periodic home and school visits,
      • drug testing,
      • mental health or substance abuse treatment,
      • domestic violence or child abuse counseling,
      • electronic or global position monitoring,
      • work release, and
      • juvenile day reporting and day treatment programs.

Modification Of Colorado Juvenile Bail Bond Conditions

A modification of the mandatory or no contact order or ALL other conditions of bond can be sought by either the district attorney or the juvenile at any time.

 Understanding The Colorado Juvenile Pretrial System

ABOUT THE AUTHOR : H. Michael Steinberg – Email The Author at: hmichaelsteinberg@colorado-juvenile-crimes-lawyer or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-7777.

If you are charged with A Colorado crime or you have questions about Understanding The Colorado Juvenile Pretrial System, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …Understanding The Colorado Juvenile Pretrial System.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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