Legal Question in Criminal Law in Colorado

Re: Contributing to the Deliquency of a minor and alcohol

It is usually the District Attorney's Office that decides what charges to bring against an individual. Many District Attorney's Offices overcharge people with crimes. When I say overcharge, I mean that they charge them with the highest offense possible. They do this for one thing, because they can. They also do it because they will then plea bargain a case to a lower charge. This is usually the charge that the person should have been charged with in the first place. It seems unfair, but it is indeed the practice of District Attorneys to do so. Underage persons are supposedly not in a position to make decisions for themselves. Adults are held to a higher standard. So yes, they will prosecute someone for contributing to the deliquency of a minor, even if it is clear that the minor was acting on his or her own and has had alcohol in the past. The fact that the minor does have a record is certainly something that can be raised by defense counsel on behalf of your friend.

The Da's office can prosecute someone based on someone's word. It happens every day. The minor would have to testify against your friend at the trial. The minor's hearsay statement to the police would not be admissible. It would have to be live testimony.

A class 4 felony is punishable by 2-6 years in prison. It is a probationable offense. Whether your friend is looking at jail time in this situation, depends on his or her record. With no prior record, the sentence would certainly be probation.