What Happens If a Child is Arrested?
If a child is arrested due to suspicions that they are breaking state or local laws, the state is required to notify the individual’s parents. The individual may be released into the care of their parents or be held in a juvenile facility if they are suspected to have committed a serious case such as a weapons-related or violent crime.
When the juvenile is not released, they must go through a screening to determine the right placement, such as a juvenile detention center, shelter, family placement outside of the home, or other facility. Even the juvenile detention centers have various levels of “security” (think minimum security vs. locked down prison-type facilities). In order for a juvenile to be kept in custody, they must receive a court hearing within a period of 48 hours to decide whether holding them is the appropriate course of action.
A diligent juvenile attorney in the area could help parents or guardians navigate each phase of the juvenile court process and guide through the realities that often follow a juvenile crime.
What Happens If I Cannot Afford an Attorney for My Child?
In Colorado, all juveniles are entitled to an attorney to represent them in court. That means that a public defender will be available to them the day that they are arraigned in court. However, many public defenders are overwhelmed with their caseloads and in rural jurisdictions may even appear via tele- or video-conferencing tools. Public defenders may or may not be able to speak with family and parents prior to the hearing, as well.
In the event that the child is released from custody, they will no longer receive a public defender without the parents reapplying for a free attorney and being found indigent. In some situations, parents will not qualify for free legal help. The Colorado legislature has determined that the juvenile should not be punished for the parent’s inability to pay. In such circumstances, a parent can merely go into court and tell the judge they are refusing to hire an attorney (even though they supposedly have the means to do so), and the court is obligated to provide a court-appointed attorney—usually the public defenders or alternate defense counsel.
In many situations, court-appointed attorneys are likewise overwhelmed working many cases in juvenile court and unable to devote significant time to cases. Although they are free attorneys, a private attorney may be a better fit for you and your child under the circumstances. The attorneys at Colorado Lawyer Team are well-versed in defending against juvenile criminal cases, and Justie Nicol was a juvenile prosecutor for several years, so she knows what it takes to be successful in juvenile court.
