It is becoming increasingly common for juveniles to face charges constituting sex crimes. An act as apparently simple or commonplace as a playful spank in the hallway at school can lead to the filing of charges which, because of their classification as a sex offense, bring a complicated host of collateral consequences to the table. If your child is being investigated for or has been charged with a sex crime, contact experienced juvenile defense attorney Kimberly Diego at (720) 257-5346 immediately for a free consultation.
Sex crimes can be either misdemeanors or felonies. Regardless of whether the charge constitutes a misdemeanor or felony, registration laws do apply to juveniles adjudicated or receiving a deferred adjudication based on act constituting what is legally defined as unlawful sexual behavior. Should a juvenile be required to register as a sex offender, he will not have his name published online due to the privacy afforded to juveniles in the court system.
However, juveniles may avoid registration in limited circumstances if and only if they have never previously been charged with an act constituting unlawful sexual behavior, the original charge in the case is either a misdemeanor unlawful sexual contact or indecent exposure charge, they were younger than 18 when the offense was committed, the exemption would not pose a significant risk to the community, and also if the sex offense evaluation indicates that such an exemption would be in the best interests of both the juvenile and the community.
Your child will be required to continue his registration until he is granted permission to deregister by the juvenile court. In order to obtain that permission, a distinct petition would be filed sometime following the termination of your child’s sentence. This could mean that by the time your child is eligible to remove his name from the registry, he is an adult. It is highly recommended that an attorney be retained to handle the petition to deregister. Attorney Diego has successfully assisted multiple juveniles in removing their names from the registry – an important step for them to seek appropriate education, employment, and housing.
Missing a Colorado sex offender registration deadline can expose you to a separate criminal charge. A short delay is not automatically excused, and registering late does not necessarily erase the missed deadline. At the same time, missing a deadline is not the same as a conviction. The prosecution generally must prove a knowing failure to comply, and the exact notice, deadline, jurisdiction, and surrounding facts can matter.
When a juvenile is arrested in Colorado, the child may be released to a parent or responsible adult, referred for detention screening, or held for a prompt detention hearing. If the child remains in custody, the hearing generally must occur within 48 hours, excluding Saturdays, Sundays, and legal holidays. The district attorney then decides whether to file a delinquency petition, offer diversion, or decline to prosecute formally. Decisions made during
Short answer: A Denver arrest does not automatically create a Colorado extreme risk protection order. However, allegations or evidence connected to the arrest can prompt an eligible person or agency to file a separate civil ERPO case. That case may move much faster than the criminal charge.
Police reports, witness accounts, alleged threats, statements about self-harm, and information about firearm access may all become relevant to an ERPO petition. The
