The Nuts and Bolts of Juvenile Delinquency

• Publication year: 2002
• Pages: 19

31 Colo.Law. 19 Colorado Lawyer 2002.

2002, October, Pg. 19. The Nuts and Bolts of Juvenile Delinquency

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19

Vol. 31, No. 10, Pg. 19

The Colorado Lawyer
October 2002
Vol. 31, No. 10 [Page 19]

Children and the Law

The Nuts and Bolts of Juvenile Delinquency
by Bradley M. Bittan

Bradley M. Bittan, Denver, is a sole practitioner and chair of the CBA Juvenile Law Section - (303) 283-1791

Juvenile delinquency law in Colorado is highly intricate Efforts by practitioners to implement existing laws effectively can have a significantly beneficial impact within Colorado communities. The laws pertaining to delinquency contained in the Colorado Children's Code are designed to promote rehabilitation of the juvenile through services and accountability, while protecting the interests and safety of the public. This article addresses the fundamental legal rights, procedures, and principles that support these objectives

This article begins with a discussion of the guiding principles governing juvenile delinquency cases. The initial section is followed by a chronological analysis of the particular aspects of juvenile delinquency law that have the most practical relevance for the practitioner. The time frames start with the juvenile being taken into custody and finish with the expungement of juvenile records after the juvenile delinquency case is completed. The article intends to provide practitioners with a firm understanding of how to effectively address basic legal issues within the juvenile delinquency context.

General Provisions

The Legislative Declaration of Title 19, Article 2, of the Colorado Children's Code is intended to protect, restore, and improve the public safety by creating a system of juvenile justice that appropriately sanctions juveniles who violate the law and, in certain cases, to bring together affected victims, the community, and juvenile offenders for restorative purposes. The Declaration within the Code also intends to help make the juvenile a productive member of society.1

The juvenile court has exclusive original jurisdiction in proceedings concerning any juvenile 10 years of age or older.2 The court may retain jurisdiction over a juvenile until all orders have been fully complied with; any pending cases have been completed; or the statute of limitations applicable to any offense charged has run, regardless of whether the person has attained the age of 18 years and regardless of the age of such person.3 Juvenile proceedings are civil in nature, but delinquency cases are conducted in accordance with the Colorado Rules of Criminal Procedure ("C.R.Crim.P."), except as otherwise provided by statute or Rule 1 of the Colorado Rules of Juvenile Procedure ("C.R.O.J.P."). Juvenile delinquency cases are commenced in the county in which the alleged violation took place. However, the court may order a change of venue based on written findings that a change of venue is necessary to ensure that the juvenile receives a fair trial.4

Hearings in juvenile court may be conducted in an informal manner.5 The juvenile system is premised on the idea that a more informal, simple, and speedy judicial setting will best serve the needs and welfare of juveniles.6 The general public will not be excluded from hearings unless the court determines that is in the best interest of the juvenile or the community.7 However, the parent, guardian, or legal custodian of the juvenile is required to attend all proceedings concerning the juvenile. Failure to attend proceedings without good cause may subject that individual to contempt sanctions.8

A guardian ad litem ("GAL") may be appointed by the court if no appropriate adult appears at the first or any subsequent hearing in the case.9 Additionally, a GAL may be appointed where a conflict of interest exists between the child and the person appearing on behalf of the juvenile or if the court finds that the best interests of the child will be served by an appointment.10

Entering the System

A juvenile may be taken into temporary custody by law enforcement when there are reasonable grounds to believe that he or she has committed a delinquent act, when executing a lawful warrant, or when the juvenile has violated conditions of an active probation case.11 However, the taking of a juvenile into temporary custody is not an arrest12 nor does it constitute a police record.13

After a juvenile is arrested and placed in custody, the court must hold a detention hearing within forty-eight hours, excluding Saturdays, Sundays, and legal holidays.14 The primary purpose of a detention hearing is to determine if the juvenile should be detained further and to define the conditions under which he or she may be released.15 At the detention hearing, the court may further detain the juvenile if the information presented to the court indicates that the juvenile is a danger to himself or herself or to the community.16 Any information that has probative value will be heard by the court, even if it would not be admissible under the Colorado Rules of Evidence.17

There is a rebuttable presumption that a juvenile is a danger to himself or herself or to the community under certain conditions.18 Juveniles alleged to have committed offenses that would not be a crime if committed by an adult (that is status offenses such as breaking curfew and running away) will not be detained for more than twenty-four hours, excluding non-judicial days, unless there has been a detention hearing and a judicial determination that there is probable cause to believe the juvenile has violated a valid court order.19 Bail also is a relevant issue at the detention hearing - a juvenile has no absolute constitutional or statutory right to bail.20 Unless the district attorney consents, no juvenile charged or accused of having committed a delinquent act that constitutes a felony or a...