Deferred Adjudication: A Second Chance for Juveniles in Colorado

• A deferral of adjudication is the juvenile court version of an adult deferred judgment, governed by C.R.S. 19-2.5-902.

• It lets a juvenile avoid an adjudication—the juvenile-court equivalent of a conviction—by completing a period of court supervision.

• The juvenile, the district attorney, and the court must all agree before a deferral is granted.

• Most juvenile deferrals last up to one year, with one possible one-year extension for good cause (up to five years for unlawful sexual behavior cases).

• Signing a deferral agreement waives the juvenile’s right to a speedy trial and sentencing.

• If the juvenile violates the terms, the court can enter the adjudication and proceed to sentencing.

• When the case is dismissed, the records are generally eligible for expungement—keeping a youthful mistake off college and job applications.

A deferred adjudication is a Colorado juvenile court process under C.R.S. 19-2.5-902 that allows a minor to get their case dismissed if they complete a period of court-ordered supervision. Completing this process prevents the court from entering a judgment in the case.

Most parents, and adults in general, haven’t heard of the term “adjudication” before, in terms of juvenile and criminal law. An adjudication, when handling a criminal law violation, is different than a conviction. Adjudication is the process by which a judge or the court decides an outcome. A conviction is a specific outcome in which guilt is found. Adjudication is reserved for juveniles.

A deferral of adjudication allows a juvenile to avoid that adjudication entirely.

A deferral of adjudication requires approval from the court, the district attorney, and the juvenile. Similar to the adult process, the juvenile agrees to plead guilty, but the court holds off on entering the adjudication while the juvenile completes a period of supervision. Conditions of supervision can include: 

• staying out of trouble

• attending counseling

• completing community service

• paying restitution

• other terms tailored to the case

Other supervision conditions often include earning good grades in school, avoiding contact with any peers involved in the case (known as co-respondents), and following the probation officer’s terms. 

So long as your child does “what they’re supposed to do,” they can get through their deferred adjudication and have their case dismissed. 

As with adults, a juvenile who agrees to a deferral of adjudication waives the right to a speedy trial and sentencing.

Deferred adjudication generally cannot exceed one year from the date the court enters the order. However, a deferral can last up to two years if the court has good cause to extend it for one year. 

The deferral timeline is longer for cases involving unlawful sexual behavior. The court may continue the case for up to two years and, upon a showing of good cause, extend it for up to five more years from the date of the order.

If this is your kid’s first run-in with law enforcement, and their alleged offense is relatively minor, then they’re likely a good candidate for deferred adjudication. However, there are times a district attorney will not agree to a deferral for an adolescent. 

Two of the most common reasons I see DAs refuse deferred adjudications are a juvenile's prior history or a lack of remorse. These are red flags for the prosecution. Other reasons a DA may deny a deferral include: 

• serious offenses

• violent offenses

• previous delinquency adjudications

• a minor’s unwillingness to participate in evaluative interviews

That said, I have encountered district attorneys who are quick to make assumptions about clients who I believe are strong contenders for rehabilitation and deferrals. When that happens, my team works to present a compelling case that convinces the DA to offer deferred adjudication. 

The Colorado legislature declared that placing minors in detention facilities negatively affects their mental health and may even make it more likely that they’ll reoffend. If your child is eligible for a deferral, our team will aggressively advocate to keep them out of the system so they have the best chance to reach their full potential. 

Strategies to secure a deferment can include demonstrating the following:

• Deferral aligns with the Colorado Children’s Code - Frame a deferral as the outcome the legislature itself intended. After all, the overriding goal of the juvenile system is to provide guidance and rehabilitation, rather than criminal responsibility, guilt, and punishment.

• Your child takes responsibility - Show the district attorney that your child sincerely regrets their actions, including an apology that reflects accountability. Prosecutors are more willing to consent when a young person admits to their mistake.

• Present evidence of good character and a strong support network - Gather mitigation letters from family, teachers, coaches, and community members that speak to your child's positive traits, background, and commitment to becoming a productive member of the community.

• Demonstrate active steps toward redemption - Document what your child has done since the offense, such as seeking counseling, starting mental health treatment, staying in school, and complying with pre-trial conditions. Concrete progress shows your child is committed to making things right.

• Address mental health and treatment needs - Where appropriate, we present psychological or medical evaluations showing your child would benefit more from constructive, therapeutic support than detention.

• Highlight the mutual benefits of a deferral - Spares the prosecution the time, expense, and uncertainty of trial while keeping the court's oversight in place. If your child completes the terms of supervision, the guilty plea is withdrawn, and their case is dismissed — a result that serves your child, the court, and the community.

Early Action Leads to Better Outcomes

The biggest mistake a parent can make is not taking their child’s case seriously enough. Once an attorney is hired, they can begin identifying areas that can be mitigated and help improve the chances of a favorable outcome. However, if parents kick the can down the road, my team often has a harder situation to clean up.

Everyone needs to be on the same page about a juvenile's abilities and needs in crisis. Sometimes, a deferred adjudication may not fully account for securing all the appropriate services to help get the train back on the tracks. This can lead to trip-ups down the road. 

If the juvenile is suspected of failing to comply with the terms of supervision, the district attorney or a probation officer may apply to the court for an adjudication. A few procedural protections apply:  

• the court, without a jury, decides whether the juvenile violated the terms;

• the minor and his or her parents, guardian, or legal custodian must receive at least five days’ notice; and

• the burden of proof is the same as in a probation revocation proceeding. 

If the court finds the minor broke the terms, it can enter an order of adjudication and proceed to sentencing.

One of the biggest advantages of a deferred adjudication is its effect on a young person’s record. When a juvenile successfully completes a deferral and the case is dismissed, the case’s records are generally eligible for expungement. 

Unlike “sealed” criminal records, expunged records do not exist for the public at all. Expungement can keep your child’s youthful mistake from following them into young adulthood and beyond. Think: college applications, military enlistment, rental applications, and job searches. 

There are many instances throughout life when one is asked whether they have had run-ins with law enforcement. If your child’s juvenile record is expunged, they “may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge.” C.R.S. 19-1-30(1)(a)

Colorado law states that anyone inquiring about a juvenile with an expunged record is to be told by “the court, law enforcement, and all other agencies … that no record exists with respect to the person named in the record.” The expunged record is, however, available to the following people and agencies: 

• prosecuting attorneys

• local law enforcement agencies

• the department of human services

• the state judicial department

• the victim

Note: In Colorado, a juvenile’s expunged record “is not available to an agency of the military forces of the United States.” C.R.S. 19-1-306(3)(a)

The more a minor’s criminal record is unavailable, the more success he or she will have down the line with college, military service, and other opportunities we all can take for granted. 

An experienced criminal defense attorney can help you understand whether a deferral of adjudication is available and negotiate for terms that protect your child’s future. 

From Our Colorado Criminal Defense Attorneys

We had a client who got into a fight with another student at school following a break-up with a girlfriend. The district attorney wanted a straight plea. In other words, the DA wanted this young person to admit to the charge and be adjudicated with no options for redemption. However, due to our team’s proactivity and the client's genuine remorse, we secured a deferred adjudication for them.

A deferral of adjudication isn’t guaranteed, but it may be possible with the right lawyer and strategy. If you’re a parent concerned about your child’s future, our Colorado criminal defense attorneys can evaluate the situation and fight for the best possible outcome.

When our children are involved in anything serious, we naturally begin to assume the worst for everyone involved. Robinson & Henry helps take away the anxiety and will walk every step of the journey with you and your family. 

Connect with a Colorado criminal defense attorney to find out if a deferral of adjudication is right for your child. Call 303-688-0944 to schedule a consultation or book online.