Colorado Juvenile Law Questions & Answers

Q: If I'm on pretrial at 17 years old and go on the run till I'm 18 will I still go back to jail when I'm 18

2 Answers | Asked in Criminal Law and Juvenile Law for Colorado on
Answered on May 3, 2018
Brian K. McHugh's answer
If there is an active warrant for your arrest, yes. Your age at the time a warrant is issued and your age at the time you are arrested on that warrant are irrelevant.

Q: My boyfriend and I want to get married. I’m 18 he’s 19. We live in Nebraska. If we go to CO can he get in trouble?

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Colorado on
Answered on Feb 1, 2018
Tristan Kenyon Schultz's answer
The Colorado marriage would only be valid if one or both parties of married couple were Colorado residents (permanently reside in Colorado for at least 91 days). If the residency requirement can be met in CO, the CO marriage can be transferred to NE (even though legal majority in NE is 19). An alternative to consider is Nevada, which still has the least restrictive residency requirements for marriage in the US (check to make sure you meet all the requirements in NV BEFORE you travel!)....

Q: How do I get emancipated without parental consent?

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Answered on Jan 25, 2018
John Hyland Barrett III's answer
At age 18, you are a legal adult and are emancipated. You can decide what contact you have with your parents.

Q: Can a father kick out his daughter when she turns 18 if she is still in high school?

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Answered on Jan 24, 2018
Stephen J. Plog's answer
A child becomes an adult at age 18. From a family law standpoint, the parent is no longer legally obligated to let them stay in their home. If you all live in the same home, that will be an issue for you and the father to work out. In a technical, legal sense, the father might have to go through formal eviction proceedings.

Q: My daughter wants to move out at 18, we live in Colorado, can she do that?

2 Answers | Asked in Family Law and Juvenile Law for Colorado on
Answered on Jan 11, 2018
John Hyland Barrett III's answer
At age 18, she is a legal adult and can live where she wants.

Q: I am paying child support on a 17 year old will be 18 in 10 days. He was arrested for 22 armed robberies.

1 Answer | Asked in Child Support and Juvenile Law for Colorado on
Answered on Dec 28, 2017
Stephen J. Plog's answer
If the 17 year old is in prison and not coming you, you should be able to seek a termination of the child support obligation.

Q: If a 16 year old punches a 17 year old, what are the legal consequences that could happen?

1 Answer | Asked in Domestic Violence, Criminal Law and Juvenile Law for Colorado on
Answered on Nov 22, 2017
Mr. H. Michael Steinberg's answer
The case will be filed in Juvenile Court - and most likely - if the injuries were not serious - the juvenile will be offered a diversion program which is a kind of probation that ends with a dismissal of the case following anger management classes etc.

Q: Can I leave home at 16 without parents permission? I have a steady job and a child and aswell as a car.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Answered on Sep 14, 2017
Samuel Ventola's answer
No, not unless you become emancipated.

Q: Can a parent press charges on a 19yo boy if he has sex with their daughter (17yo) when the legal age of consent is 17?

1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
Answered on Sep 8, 2017
Tristan Kenyon Schultz's answer
As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.

Statutory rape is not the only issue. Parents have been known to encourage their children to say that consent was not granted (even if it may have been at the time).

In other words, proceed at your own risk...

Q: Is it Against the Law for a 28 year old to Have a crush on an 18 year old and want to date him or would I get in trouble

1 Answer | Asked in Juvenile Law and Criminal Law for Colorado on
Answered on Sep 1, 2017
Tristan Kenyon Schultz's answer
Statutory rape only applies to minors. At 18 a person who is not disablabled is legally an adult in Colorado. Note, normal rape rules (i.e. consent) apply regardless of age.

Q: If i 17 can i go do my own inmasipation with out my parents permition

1 Answer | Asked in Juvenile Law for Colorado on
Answered on Aug 6, 2017
Tristan Kenyon Schultz's answer
Colorado does not allow private motions for emancipation. Only CPS (Child Protective Services) can petition (with consent of the minor) for emancipation if the child is living in a group home.

Q: Will 17 and pregnant speed up emancipation process 4 months before she is 18? How can parents keep her identity docs?

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Answered on Jul 28, 2017
Tristan Kenyon Schultz's answer
Only Child Protective Services can file for an emancipation order. In other words, Colorado does not allow civil emancipation requests unless the child is in a group home setting.

The Social Security Card and birth certificate ownership are something of a grey area. These documents are the property of the 17 year old, but parents can retain legal documents for a minor. The grey area relates to when the minor and the parents have a conflict.

A duplicate birth certificate can be...

Q: Can a 17 year old leave home if they are 30 days away from being 18.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Answered on Jul 27, 2017
Tristan Kenyon Schultz's answer
Technically, the 17 year old is still a minor. However, getting police or state involvement if the minor leaves may not occur due to the very short period in which the child is still a minor.

Q: In the state of Colorado is it eligal to date a 17 year old if I am 22

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Answered on Jul 24, 2017
Tristan Kenyon Schultz's answer
There is nothing illegal in dating a minor. There are potential risks with having sex with a minor (i.e. statutory rape). However, in Colorado statutory rape ends at 17 years old. Note, consent to sex (or lack thereof) is not age related.

Q: My son who is 12 was interviewed while in the interview room the detective took my phone

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Answered on Jul 16, 2017
Tristan Kenyon Schultz's answer
Yes, the police can temporary remove items to prevent communication between suspects. Technically, consent is required (unless you were charged), but consent can be inferred by the act of surrendering the phone and/or continuing to talk.

The phone must be returned (undamaged) and you always have the option of closing-down the interview.

Q: What is the starting age in Colorado that a Juvenile can be charged for criminal mischief . Can a 9 year old be charged?

1 Answer | Asked in Juvenile Law for Colorado on
Answered on Jul 4, 2017
Tristan Kenyon Schultz's answer
A child must be at least 10 years old at the time the crime(s) were committed for Juvenile Court to have jurisdiction (power) over the minor. For children under 10, there are other potential claims (most not criminal) that can be raised against the child and/or the caregivers.

Q: What is the process to petition the court for emergency guardianship of my grandchild when I live in California?

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Answered on Jul 4, 2017
Tristan Kenyon Schultz's answer
If Social Services is involved, contact the managing social work or the GAL.

If this is a private motion (without state involvement), you will need to hire a lawyer to handle the case in Colorado. Two of the biggest reasons why this is not a matter that can be handled pro se (w/o an attorney) is that you will need court approval to remove the children from the parents (which is not an easy process) and you will need court approval for the children to leave the state. Unless this is...

Q: I am employed at a public (government funded) pool and we had members of a religion attempt to come in and solicit

1 Answer | Asked in Juvenile Law and Constitutional Law for Colorado on
Answered on Jun 20, 2017
Tristan Kenyon Schultz's answer
Private property, even if wholly funding by the government, can lawfully restrict use/actions of any "visitor" with or withhold cause for any reason. Note this is very broad (hence why some court clubs in the south still lawfully restrict African-Americans and other groups from use and membership).

For government property, certain 1st Amendment free speech rights, etc. apply in "public use" areas. In that case, you are correct the "negative" Establishment Clause prevents the government...

Q: What can I do if i feel im not getting heard by my concerns of safety and health with the placement of my children?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Answered on May 26, 2017
Stephen J. Plog's answer
Not sure if you have a custody case or a case in which the Department of Human Services is involved. It should like a DHS case when the word "placement" is used. With a DHS case you should talk to your attorney. If a custody case, your remedy would be to file a motion with the court raising your safety concerns.

Q: My son 17 he was held back in school dating girl in his class but she is just 15... her parents consent worst could be?

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Answered on May 11, 2017
Tristan Kenyon Schultz's answer
I understand your concerns about minors having sex (not a good idea...), but statutory rape should not apply based on the facts your provided above.

The age of consent in Colorado is 17, however, there is an age waiver (aka Romeo and Juliet law). If the youngest person is under 15 the age gap can be no greater than 4 years. If the youngest person is at least 15, the age gap can be 10 years. In either case, if the age gap is met statutory rape cannot apply (aka sexual assault in...

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