My Child Was Arrested in Colorado: What Happens Now?

Here is what you can do right now to help your child:

• Ask for a lawyer - Refuse to let police interrogate your teen without you and a lawyer present. 

• Don’t consent to searches - Do not allow police to search your teen’s car, phone, or backpack without a warrant. 

• Stop talking about the incident - You and your teen should not discuss the incident with anyone other than your lawyer. Avoid social media. 

• Document everything - Note the time of the incident, names of officers or school officials, what they told your child, and whether any property was searched. 

• Hire a juvenile defense attorney - Early legal intervention is the best way to get charges reduced, diverted, or dismissed in Colorado.

Instruct your child to say “I want a lawyer” and to stop talking. Whether your kid is arrested in Colorado Springs, Denver, or elsewhere in Colorado, the immediate aftermath of the arrest is the most critical period for their case. Damaging evidence is more likely to surface right now due to your frightened teenager willingly speaking with police before you can get to them and hire an attorney to come up with a game plan to protect them. 

Remember, at this early stage, no one has all the facts. Telling a child to just be honest and cooperative in a criminal investigation can help prosecutors build their case. 

Colorado law requires juveniles to be held in facilities intended for young people, separate from adults. The location of the facility depends on where your child was arrested. Here are some of the youth facilities along the Front Range:

County Where Arrest Occurred	Juvenile Detention Centers
Denver County juvenile detention	Gilliam Youth Services Center in Denver, operated by the Colorado Division of Youth Services
El Paso County juvenile detention	Zebulon Pike Youth Services Center and Spring Creek Youth Services Center in Colorado Springs
Jefferson County juvenile detention	Rocky Mountain Youth Services Center
Adams County juvenile detention	Prairie Vista Youth Services Center

The first two days after a minor is detained are a whirlwind, but they at least follow a predictable event sequence:

1. Arrest and intake - Your child goes to a youth facility, you are notified, and the screening team conducts its assessment. 

2. Screening test - Under C.R.S. 19-2.5-303, a screener who has completed specialized training “shall administer the detention screening instrument for each juvenile under consideration for detention.” Not all juveniles will qualify for the screening test under C.R.S. 19-2.5-304.

3. Detention hearing - Must be held within 48 hours of placement. Under Colorado C.R.S. 19-2.5-305,  a judge decides whether your child goes home or remains in detention while the case proceeds. Your child must be represented by counsel at the hearing. 

If the court orders continued detention, the district attorney generally must file a formal delinquency petition within 72 hours of the hearing.

The detention hearing often sets the tone for the entire case, which is why retaining an attorney within the first 48 hours before the hearing matters. If you haven’t retained private counsel, the court will appoint a public defender for your child. 

Private Defense Attorney v. Public Defender

If your child has a public defender, it’s possible they will meet your child for the first time in the courtroom, leaving them little to no time to prepare. A private attorney who engages your child before the hearing can review the screening report, line up evidence of your child’s stability, and walk in ready to argue for their release. 

Beyond the parental notification and legal counsel, your child has the right to protection from unsupervised questioning.

Anything your child says before counsel arrives can be used against them in court, and kids are uniquely vulnerable in an interrogation room. Research compiled by the National Registry of Exonerations and other groups has consistently found that young people make false confessions at far higher rates than adults. 

Colorado lawmakers cited that pattern when they passed the Colorado 2023 juvenile interrogation law—officially the Admissibility Standards for Juvenile Statements law. At its core, the law is a deceptive interrogation ban for minors. In Colorado, if a law enforcement officer knowingly feeds a minor false information during a juvenile custodial interrogation in Colorado, any resulting statement is presumptively inadmissible in court, and the prosecution must prove the statement was voluntary before it’s allowed in court. So officers have to be very careful about how they communicate with minors, as any pressure can look like deception.

Generally, no. A juvenile’s statements made during an interrogation while in police custody are not admissible unless a parent, guardian, or legal custodian was present, and unless both the juvenile and that adult were advised of the child’s rights. 

If your child was already questioned without you, those statements may be inadmissible in court. Our experienced juvenile attorneys in Colorado Springs and the Denver metro area can file a motion to keep unauthorized statements out of the case entirely. 

That said, the rule is not absolute. Colorado recognizes the following juvenile interrogation exceptions that every parent should know:

• An attorney was present - If a public defender or private lawyer represents your child and is there for questioning, your child’s statements may be admissible in court even if you were not there. This is okay, as a lawyer’s presence during questioning is the law working as intended.

• A written waiver was signed - You and your child can give up the right to have a parent present, but only if it’s in writing, and only after your child’s rights have been fully explained to them first. A county or state human services department holding your child can’t waive this protection.

• Your child is 18 or emancipated - This rule doesn’t apply if your child is 18 or older or is between 15 and 17 and emancipated. 

• The teen voluntarily talks - It also may not apply if your child decides to waive their right to remain silent 

• Your child lied about their age - If your child claims to be 18 or older and police reasonably believe this to be true, statements may still be admissible even if you weren’t present. 

• Another responsible adult was there - If you couldn’t be there but another responsible adult was, their presence can be enough to satisfy the requirement.

In Colorado, if the adult sitting in on your child’s questioning has a conflict of interest with them, the law may not legally recognize the adult’s presence. However, this law only guarantees that an adult is in the room—not that they understand the situation or that they look out for your child’s legal rights.

Example: Let’s say your teenager is accused of stealing something from a friend’s home, and police are questioning your teen in front of the parent they allegedly stole from. In that case, the adult sitting with your child has a conflict of interest. In cases like this, a court may find that their presence doesn’t satisfy the legal requirement your child is entitled to. 

The most effective safeguard from conflict of interest is always an attorney. If your child is facing questioning or has already been questioned, contact our Criminal Defense Team. We will evaluate your child’s situation to determine if their statements were lawfully obtained and fight to ensure any illegally obtained evidence is kept out of the courtroom. 

In the Denver Metro and Colorado Springs areas, the most critical questions to ask the police when your kid is arrested are:

• Where is my child being held

• Has my child been questioned

• Was an adult present during questioning, and if so, who

• Was the conversation recorded

Keep your own words careful and short. State that you’re retaining counsel and you don’t want your child to be questioned at all or any further. Do not discuss the facts of the case with the officer. 

Yes. The detention hearing happens within 48 hours. It sets the tone for everything that follows. 

In the immediate aftermath of the arrest, an attorney will: 

• review the circumstances of the arrest, 

• identify any violation of your child’s rights, 

• argue for release, and 

• negotiate the conditions of their release. 

Just as importantly, a lawyer can move quickly to challenge an improper interrogation before those statements become the backbone of the prosecution’s case.

Prompt, Personalized Representation 

A public defender is a capable advocate, but a private defense attorney can act more quickly and proactively. For instance, when you hire a private Colorado criminal defense attorney, the law enforcement agency investigating the case receives a letter of representation, with notice to the district attorney. Separately, your attorney files a formal entry of appearance with the court, explicitly telling law enforcement not to contact your child. 

Diversion-Driven Strategy 

Many first-time offenders qualify for a juvenile diversion program in Colorado, an alternative that, when completed successfully, can lead to a resolution that avoids delinquency adjudication. But diversion often has to be pursued early, and an attorney familiar with the local district attorney and court can use their knowledge and existing relationships to advocate for your child early. 

At Robinson & Henry, our Criminal Defense Team includes former prosecutors and public defenders. They have a first-hand look at the inner workings of the justice system. Our attorneys know how the other side builds its case, and they’ve seen the overworked public defenders. The earlier we’re involved, the more options we have to protect your child’s future. 

In Colorado, for most families, the answer is yes—at least for now. Most first-time non-violent offenders are given a pre-trial release for juvenile cases in Colorado rather than being held until trial.

As a parent or legal guardian, your involvement in the first 48 hours can have a lasting impact the case's outcome. By attending the hearing, addressing their supervision, support, and routine at home, and generally demonstrating that your child is ready to take accountability, you can go a long way toward bringing your child home until trial. 

If your child is detained, ask about visitation rules, how long detention can continue before the case is adjudicated, and your right to seek review of the detention decision. It’s meant to be the exception, reserved for juveniles who pose a genuine risk to the community or a serious flight risk. 

Pre-trial release conditions vary based on the allegations and your child’s history, but commonly include: 

• Regular check-ins with a probation officer or pre-trial services caseworker, either in person or by phone

• Drug testing, especially in cases involving alcohol or a first-time juvenile drug offense in Colorado

• Curfew restrictions require your child to be home by a set time each night

If the court orders continued detention, the district attorney generally must file a formal delinquency petition within 72 hours of the hearing.

Yes. Your child can be arrested at school in Colorado, and that arrest can lead to disciplinary action. Schools can act independently of the courts, and they regularly impose suspensions and expulsions even when criminal charges are later reduced or dropped.

Colorado schools can legally suspend or expel students for a host of violations, including drug and alcohol offenses, weapons possession, assault or serious violence, and repeated or seriously disruptive behavior. School expulsion after a drug arrest in Colorado is a common outcome. In certain circumstances, that disciplinary authority extends to conduct that happened off campus, not just on school grounds. If a juvenile arrest involves a school resource officer, the school may launch an internal disciplinary process that moves faster than the legal system. 

Given how quickly school disciplinary cases can move compared to the judicial system, I often suggest parents reach out to school administrators early to find out exactly what process their child is facing, rather than waiting for the school to contact them. 

A juvenile arrest can involve a wide range of allegations, from theft and vandalism to assault, weapons offenses, alcohol, and drug violations, among others. Each carries its own process and penalties, but Colorado generally sorts offenses into petty offenses, misdemeanors, and felonies — with a separate framework for drug misdemeanor and drug felony levels for controlled-substance cases. The more serious the classification, the more is at stake. 

A juvenile arrest can involve a wide range of allegations. Some of the most common ones parents ask us about include: 

• Drug offenses - Possession of a controlled substance can be a misdemeanor or a felony. While it’s handled in the juvenile court system, distribution or manufacturing is treated far more seriously. 

• Assault - Charges can be misdemeanor or felony based on the severity of injuries and whether a weapon was used. 

• Vandalism - Criminal mischief is graded by the dollar amount of the damage. 

• Weapons offenses - Juvenile in possession of a handgun.

• Repeat offenders - If a juvenile has had a history of being in trouble with the law, an arrest may be more likely.

In Colorado, most juvenile cases remain in the juvenile system, though some felonies can be moved to adult court. 

Fentanyl juvenile drug charges in Colorado receive special mention. Under current Colorado law, getting caught with more than one gram of a mix that includes fentanyl can lead to felony charges. While a majority of teens don’t actively seek out fentanyl, they can unwittingly be in possession of it, as it can be mixed in with “party” drugs, like MDMA, and added to counterfeit drugs available online. 

For a clearer picture of charge levels, penalties, and defenses, see our detailed guide to Juvenile Drug Charges in Colorado. 

Possibly. But that’s the outcome our team will fight to avoid. First offenses often qualify for diversion, or a supervised alternative to prosecution in which your child completes requirements like counseling, community service, or classes in exchange for charges being dismissed. Successful completion typically means no conviction and no lasting record. When an arrest results in no charges, including after a completed diversion agreement, the arrest record can be “expunged” under C.R.S. 24-72-704—the juvenile records law. When a case results in juvenile adjudication, Colorado “expunges” the delinquency record, a related process that, when granted, effectively erases the record from public view. 

In practice, expunging a Colorado juvenile arrest record means your child will have a clean record on most background checks, college applications, and job applications. What doesn’t disappear automatically are serious felonies, repeat offenses, and cases transferred to adult court. 

The detention hearing comes fast, and the choices you make in the meantime can have a lasting impact on your child’s future. Robinson & Henry’s Criminal Defense Team is ready to help. If your child was arrested in the Denver metro area, Colorado Springs, or anywhere along the Front Range, the sooner a defense attorney is involved, the more we can do to resolve the case favorably.

We’ll help you protect your child—and their future. Call 303-688-0944 or book a consultation online.