Colorado Springs Criminal Law Blog

Juvenile “boot camps” have been adopted in several states as a way for young people to reform after a juvenile court finds they've broken the law. The boot camp programs in most states began with programs for adults, but as courts and politicians have seen how these programs fared, they've been extended in ten states – including Colorado – to cover younger people as well. Although politicians and other officials still praise these programs, questions remain as to how effective they are for those who participate.

Most boot camp programs involve a combination of physical exercise and training, discipline, training in confidence and leadership, and a military-like atmosphere that often also offers drug counseling and other types of therapy, especially when juveniles are involved. Most participants stay in these programs for 90 to 180 days, after which they are sent back to their communities, often with detailed instructions on any necessary follow-up treatment or counseling.

Most juvenile boot camps cite two goals: to reduce overcrowding in juvenile detention facilities and to rehabilitate young people so that they are not arrested or convicted for another crime in the future. However, a study that compared eight boot camps in several different states found that, for juveniles, solutions that kept the young person in the community and with family were more effective in many cases.

Every parent knows that teens aren't adults – no matter how badly they want to be treated like adults. When a young person is charged with a crime, his or her case isn't like an adult's either. Experienced Colorado Springs juvenile defense attorney Timothy Bussey knows how to handle the unique challenges that come with protecting a young person's rights in court, and he fights for the best possible outcome in every case he handles. To discuss your legal rights and options, call The Bussey Law Firm, P.C. today at (719) 475-2555 for a free and confidential consultation.

Colorado juvenile court is designed to assist minors in realizing a pattern of damaging behavior while providing guidance for positive future changes. The Colorado juvenile court system handles a broad range of charges for minors between the ages of 10 and 17 years old, from lighter infractions like school expulsions and suspensions to weighty juvenile felony crimes.

All 22 judicial districts in Colorado have their own county and district courts. The juvenile court system operates as a part of the state’s district courts, with the exception of Denver, which has its own. If a minor is taken into custody by law enforcement officials for criminal charges (on the state or local level), his or her parents/guardian must be notified. At that time, the minor may be freed to his or her parents, screened for more preliminary information, or held further in a juvenile facility after a proper screening, all depending on the nature of the crime. The courts are required to hold a hearing within 48 hours of detainment for those held in a state facility.

To determine whether an individual will be tried at the juvenile or, in more serious cases, district level, the district attorney will review the details and nature of the charges. Less severe cases may be decided more informally between the district attorney, the minor’s family, and their juvenile defense attorney. Again, those sorts of remediation usually are not related to a string of delinquent activity but rather in regard to singular offenses, an isolated instance of poor judgment, or a mistake on the offender’s part.

An experienced juvenile defense attorney ensures that the facts of the case are properly addressed and the minor’s interests are protected. Contact the Colorado juvenile crime lawyers with the Bussey Law Firm, P.C. at (719) 475-2555 for a complimentary case review.

Criminal mischief is described under Colorado state law to include any act that involves knowing destruction to another person’s property during one criminal offense. The law, found under Criminal Mischief (18-4-501), also covers a property owned together by a party.

Regularly seen offenses of Colorado criminal mischief are vandalism and property destruction, which may also include trespassing charges and others depending on the circumstances of the act. In Colorado, young people (or “juveniles” ages 10 to 17 years old) accused of criminal mischief usually face accounts of vandalizing or damaging property. These types of charges can either be misdemeanors or felonies, again depending on the conditions of the crime and the determined value of the managed property.

Usually, the crime is tried as a misdemeanor if the property worth is below $1,000 and as a felony for offenses damaging property valued higher than that amount. Criminal mischief by a minor that causes $20,000 or more in destruction to another party’s property is a class 3 felony, which may result in imprisonment of up to 12 years if the juvenile is prosecuted as an adult in the state. If convicted, the individual may also be held responsible for remunerating repairs or property replacement costs.

The main difference in penalties is that a misdemeanor holds a maximum charge of under one year in county prison, while a felony may result in one year or more in a state penitentiary. Juveniles facing criminal mischief charges in Colorado should align with an experienced criminal defense attorney that will provide strong guidance and vigilance to protect the minor’s future. Contact the Colorado Springs juvenile crime defense attorneys with the Bussey Law Firm, P.C. at (719) 475-2555 for a free and confidential consultation.

In Colorado, a person under the age of 18 years old is deemed a juvenile by state law. That means, if charged with a criminal offense, he or she will be viewed and handled in a different manner by the justice system than those older than 18. In fact, according to Colorado state law section 19-2-104, C.R.S., the Colorado juvenile court and justice system has exclusive authority over any juvenile case involving a minor older than 10 years of age that involves certain offenses and circumstances. However, whether or not a case is handled by juvenile court depends entirely on the nature of the offense and circumstances of the crime.

Generally, offenses involving violations classified on the less severe side of the criminal scale, or those that would be otherwise legal if they were an adult (status offenses), are often handled in juvenile court. But a serious crime, such as a felony (delinquency offenses), can cause a case to be transferred to a district court, which holds a much more severe capacity for punishment. Typically, the older an offender is and the more severe the crime committed increase the level of punishment.

Four elements that may dictate whether a juvenile is tried as an adult are:

• The minor’s age;
• The nature of the charge;
• Criminal record; and
• History of delinquent activity.

Felony charges that involve harming another individual, theft, drug trafficking, vandalism, property destruction, or vehicular manslaughter, all carry serious, lasting repercussions.

These penalties can remain on a juvenile’s record and negatively affect his or her life for years to come, impacting future educational and employment opportunities, as well as other judicial matters. If your child is facing juvenile felony charges in Colorado, contact the Colorado juvenile crime attorneys with the Bussey Law Firm, P.C. at (719) 475-2555 for a complimentary consultation.

Colorado was one of the first states in the U.S. to create a separate juvenile criminal justice system for people between ages 10 and 17 who were suspected of committing crimes. Today, Colorado’s juvenile courts still handle the vast majority of cases involving this age group, but Colorado law allows district attorneys to submit certain juvenile cases to the state’s district courts instead. If the case is tried in district court, the juvenile accused of the crime may be tried under the same rules that apply to adults 18 and older.

When deciding whether or not to transfer a case from juvenile to district court, the district attorney considers factors such as the juvenile’s age, the type and severity of the charges, and the suspected juvenile’s past history with the courts. Younger persons who are charged with less serious crimes and who have no past history of criminal activity will rarely, if ever, be tried as adults.

Colorado law requires a child to be at least 12-years-old before they can be tried as an adult, and then only if the charges are for a Class 1 or Class 2 felony and the case is transferred from the district court. Young people aged 16 or older may be tried as adults with their cases filed directly in the district court, but only for certain severe charges, including homicide and other felony crimes of violence.

When a young person is charged with a crime, it’s important to choose an attorney that knows the ins and outs of the juvenile justice system. Colorado Springs juvenile crime attorney Timothy Bussey’s experience with Colorado’s juvenile courts can help you and your loved ones fight to protect a young person’s rights while seeking the best possible outcome in their case. To learn more, call The Bussey Law Firm, P.C. today at 719-475-2555.

A 14-year-old boy was charged and sentenced as an adult for the Colorado murder of his mother and step-father, according to The Valley Courier. The boy, who was reported to have been repeatedly abused and neglected by his mother, shot and killed his mother, and then his step-father on October 26, 2009, with firearms owned by his step-father. The boy was represented by public defenders in the complicated two-year court case, which prompted criticisms concerning the failure of the child welfare system, and the justice system.

The boy, who expressed remorse in a public statement, explained that his actions against his mother were the result of repressed anger after years of abuse by her hands. He shot her twice and then hid in the laundry room. He shot and killed his step-father out of fear of what he would do to him once he discovered that he killed his mother. A psychologist who evaluated the boy stated that it was the worst case of abuse he had ever seen. Even after years of abuse and repeated calls to social services, the child welfare system failed to help him.

Even with the evidence of abuse and the lack of action by the Colorado child welfare system, which, if it had done its job, may have prevented this incident from occurring, the boy was charged as an adult and offered plea bargain which he accepted. According to the plea agreement, he plead guilty to one count of reckless manslaughter, one count of murder in the second degree, and one count of crime of violence, which was added as a sentence enhancer. This established a sentence of 22 years for killing his stepfather, concurrently including 6 years for killing his mother, and 5 years of parole. The plea agreement also stipulated that the boy could not carry out any of his sentence in the Youthful Offender System (YOS), a fact that instigated criticism from his defense team as well as the public.

When a juvenile is charged with an adult felony crime in Colorado, it can become a very complicated situation, especially when child abuse is involved. There are countless considerations to make and investigations to conduct. With the guidance of a skilled Colorado juvenile crime lawyer, the child or teen can be sure that they are treated fairly, that any and all psychological and emotional factors will be heavily considered, and that they will receive an appropriate sentence.

If you or a loved one is a juvenile being charged with a crime in Colorado, the knowledgeable Colorado Springs juvenile crime defense attorney, Timothy Bussey, of The Bussey Law Firm, P.C., can help you build a strong defense. Contact Mr. Bussey today at 719-475-2555 so that he may answer all of your questions.

In 2006, Colorado eliminated the sentence of life without the chance of parole for juvenile offenders. However, 45 prisoners in the state facing that sentence were left with little possibility of freedom. The Denver Post reports that a bill is before the House Judiciary Committee this month that seeks to retroactively apply the law to those prisoners.

House Bill 1287, co-sponsored by State Representatives Claire Levy (D-Boulder) and B.J. Nikkel (R-Loveland), would apply the 2006 law to the 45 prisoners retroactively, making the juveniles who were convicted and sentenced as adults qualified for parole after serving 40 years. Before 2006, teens that were sentenced faced lifetime prison sentences without the possibility of parole.

While the proposed legislation mainly expands coverage of the existing law, a spokesperson for Attorney General John Suthers says that the office of the attorney general is opposed to it. According to the spokesperson, the attorney general disagrees with changing the sentences because victims and their families have long believed that those who were convicted of a crime against them will never leave prison. The spokesperson also said there may be a legal conflict between the governor’s ability to pardon convicted criminals and a stipulation in the bill that allows the Department of Corrections to relocate the prisoners to a community corrections program with reduced security.

Levy has stated the opposition from the attorney general does not surprise her but urges them to look more closely at the situation. She says, “They need to step back and think whether this is the best for these kids. We need to do the right thing.”

As this debate shows, when a juvenile is tried as an adult, the stakes are high. Depending on the severity of the charges, a juvenile may face a lengthy prison sentence, which would forever alter the course of their lives. During this difficult time, it is vital to have experienced and skilled representation fighting for your child’s rights if they have been charged with a crime in Colorado. Timothy Bussey at The Bussey Law Firm P.C. is a Colorado juvenile criminal defense lawyer who has successfully defended many juveniles who have faced severe penalties. To learn more, call 719-475-2555.

The New York Times reports that a 12-year-old boy was taken into custody on March 1 in Burlington, Colorado on suspicion of killing both of his parents and severely wounding his younger brother and sister. He is currently being held in a juvenile facility.

According to Colorado authorities, the boy’s parents were discovered dead in their home after local police received a phone call from the boy, who reported that shorts had been fired. The cause of death for the couple has not yet been officially released, but 9 News reports that they both suffered gunshot wounds.

The boy’s 5-year-old sister and 9-year-old brother were seriously injured and taken to a local hospital for treatment and later transported to The Children's Hospital in Aurora, where they are listed in critical condition. According to 9 News, the girl had knife injuries on her neck and back. The 9-year-old boy also had knife injuries and was shot. It is believed both children will make a full recovery.

According to 13th District Attorney Bob Watson, the boy is facing two counts of first-degree murder for the deaths of his parents, two counts of attempted first-degree murder, and two counts of first-degree assault for allegedly injuring his siblings. Charges are expected to be filed on March 4. Authorities have not named any other suspects in the Colorado violent crimes case, and Watson has stated he believes the correct person is in their custody.

What is unclear is whether Watson will ask a judge to consider charging the 12-year-old as an adult. Legally, the boy can’t be charged as an adult because he is under age 14. It is up to the juvenile court system to determine whether the boy can be charged as an adult. However, under Colorado state law, anyone age 12 or older can be charged as an adult for particularly serious felonies.

Watson has stated he has not decided whether he will take the necessary steps to have the 12-year-old tried as an adult. He says the next steps will be to meet with the boy’s family to determine their family history as well as the maturity and psychology of the boy.

Violent crime cases are incredibly complex, particularly when a juvenile is involved. The penalties for these types of crimes can be severe, which is why it is crucial to have experienced legal representation on your side. Colorado juvenile murder defense attorney Timothy Bussey at The Bussey Law Firm P.C. has the skill to successfully defend your legal rights if you have been charged with a violent crime in Colorado, either as an adult or juvenile. Call 719-475-2555 to learn more.

Twenty-five students from Skyview Middle School in Colorado Springs have been suspended after being caught “sexting.” The 6th grade students were allegedly forwarding a picture of a naked 12-year-old girl on their cell phones. Under Colorado law, the students could be facing a felony charge for the incident. The El Paso County District Attorney received the case for review on Wednesday afternoon. He stated that in cases like this one, mandatory education and counseling is the best first step for the students.

A parent of one of the suspended students believes that Skyview may have mishandled the situation. It is questionable as to why the students were suspended from school as the text was sent after school hours. In addition, the school’s resource officer threatened the students and told them that the incident will ruin their lives, preventing them from getting a good job later in life. School officials also interrogated the students and confiscated their cell phones without alerting parents.

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Colorado’s NBC affiliate KUSA-TV recently reported that seven city blocks located near the University of Colorado served as the site of numerous acts of vandalism that ranged from theft to destruction of property. Reportedly, the acts of vandalism began early Saturday morning outside the First Congregational Church where one of the church’s doors was smashed in by a parking sign that the individuals responsible for the vandalism dislodged from the ground. The property damage continued across six more blocks, and resulted in thousands of dollars worth of damage.

According to the news story, Boulder Police did not have as many units in the area because of the Thanksgiving holiday weekend, when many University of Colorado students travel back home or out of town for the long weekend. Police investigating the random acts of vandalism are still looking for leads that may further their investigation. Depending on the total amount of damage that is determined to have been done, those responsible for the vandalism could face criminal mischief or more severe criminal charges.

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Colorado Springs police officials have arrested a juvenile on suspicion of shooting and killing a 43-year-old man, according to this KOAA news report. The man's body was found on a hiking trail near the Marvin J. Urban picnic pavilion in Palmer Park. He had died of multiple gunshot wounds, officials said. Police are not releasing the name of the suspect because he is a juvenile. The investigation is ongoing.

When a juvenile is accused of a Colorado violent crime or felony such as homicide, it could have lifelong consequences on the young person. Juvenile courts in Colorado work differently than regular courts or "adult courts." However, this does not mean that children accused of serious crimes are let off easy. The pluses to having your child's case tried in juvenile court include protection of your child's identity and privacy, and the ability to have the hearings closed to the public and media. Still, in some cases, prosecutors can ask a judge to treat the juvenile "as an adult." What this means is that your child's case could be moved to an adult court where the case could become a public spectacle. This could happen with serious crimes such as murder, homicide or sexual assault cases.

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