Practice area
Juvenile cases defense
A juvenile case is not a small adult case. Different court, different vocabulary, different outcomes, and a record that can be sealed on a different timetable.
Delinquency petitions in Denver Juvenile Court and the surrounding districts
What a juvenile case actually involves
Colorado juvenile proceedings are brought as delinquency petitions rather than criminal charges, and the language follows: adjudication rather than conviction, disposition rather than sentence. Denver has a dedicated juvenile court, and the districts around it handle delinquency within the district court.
The most important early decisions have nothing to do with trial. Whether the case goes to a district attorney diversion programme, whether a deferred adjudication is available, and whether the school is running its own disciplinary process in parallel usually determine what the next two years look like.
Direct file and transfer to adult court are real risks in serious cases for older juveniles, and the criteria are statutory. Where that is on the table, the first hearing is not a formality.
The counts that get filed
| Count | Level | Note |
|---|---|---|
| Delinquency petition | Juvenile court | The juvenile equivalent of a criminal charge, filed by the district attorney. |
| Underage drinking and driving | Class A traffic infraction | BAC of 0.02 up to 0.05 for a driver under 21. |
| Minor in possession | Petty offense | Alcohol or marijuana. Carries licence consequences that surprise most families. |
| School related offenses | Varies | Fights, threats and vaping cases often run alongside a school expulsion process. |
| Theft and shoplifting | Graded on the value ladder | The most common juvenile filing, and the most divertable. |
| Direct file or transfer | Adult court | Available for older juveniles facing the most serious felony allegations. |
Where these cases break
Not every one applies to every file. The first job is working out which two or three do.
Diversion first
A district attorney diversion agreement completed successfully means no adjudication at all. Eligibility is usually decided in the first few weeks.
Statements at school
Questioning by a school resource officer raises real Miranda and parental presence questions under C.R.S. 19-2.5-203.
Parental presence
Colorado requires a parent or guardian present for most custodial juvenile interrogation, with narrow exceptions. Statements taken without it are attackable.
Competency and development
Adolescent development evidence is relevant to intent, to suggestibility in interrogation, and to disposition.
Keeping it out of adult court
Opposing direct file and transfer with a full mitigation package, early.
Expungement planning
Juvenile records have their own expungement route under C.R.S. 19-1-306, separate from adult sealing.
What happens, and when
Week one
Diversion eligibility assessed and requested before the first appearance where possible.
Weeks one to three
School discipline process handled in parallel so nothing said there damages the court case.
Months one to three
Suppression of any statement taken without a parent present.
At disposition
Expungement timetable explained to the family in writing before anything is agreed.
The attorneys on these cases
Hannah Lindqvist
Associate, juvenile and record sealing
Formerly: Deputy District Attorney, First Judicial District, juvenile unit
The best juvenile outcome is the one where there was never an adjudication to seal.
What people ask us about this
If your question is not here, ask it on the call. There is no charge for the first conversation and it is with an attorney.
Start a case reviewNot usually. Colorado juvenile records have their own expungement route under C.R.S. 19-1-306, and many dispositions are expungeable on a shorter timetable than adult sealing. Some outcomes expunge automatically. We put the timetable in writing before anything is agreed.
It depends on who asked and in what posture. Questioning by a school resource officer in a custodial setting raises Miranda issues, and Colorado separately requires a parent or guardian present for most custodial juvenile interrogation. Statements taken without that are frequently suppressed.
An agreement with the district attorney to complete conditions, often counselling, community service and restitution, in exchange for the petition never being filed or being dismissed. Completed successfully there is no adjudication at all, which is the best available outcome.
Only in a narrow set of serious felony allegations involving older juveniles, and the criteria are statutory. Where it is on the table we treat the first hearings as the main event, because opposing direct file is far easier than undoing it.
If any of this is happening to you, the first conversation is free and it is with an attorney.
Contacting us does not create an attorney-client relationship.