Legal Question in Criminal Law in Colorado

juvenile law in regard to felony charges

In 2/08 my granddaughter got in with wrong kids. They skipped school, came to my house, took my blank checks, wrote several in this small community and did some shoplifting. Her mother made her return everything and tell the police all that happened. An investigation was held by the police and all kids and victims were questioned. Case went to the DA. I personally called the DA and asked that felony charges in regard to the checks not be filed. My granddaughter knew it was wrong, but she had no idea that it was a felony - she was only 12. I was told that my thoughts would be considered and that a decision would be made soon. We heard nothing for over a year. Then this week (4/09) my granddaughter was called into the DA's office to talk about going into juvenile diversion. The person discussing this with us thought the offense took place in 2/09, not 2/08. Still, she had my granddaughter sign admitting her participation and her willingness to go into the juvenile diversion program.

My question is, can they still charge her after more than a year's time? Can they still make her go into juvenile diversion? Seems to me there should be a ''statute of limitation''.


Asked on 4/17/09, 1:57 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: juvenile law in regard to felony charges

If she forged the checks -- signed your name or someone else's -- there is no statute of limitations. Otherwise the general statute of limitations on a felony is three years.

I'm assuming when she went to see the DA this time she was accompanied by her mother or other guardian. She's not being charged with anything if she's going into a diversion program. The purpose of diversion is to divert her out of the criminal justice system. It will not be on any criminal record. You might actually consider the diversion a good thing -- something to help her realize the inappropriateness of what she did, without the attachment of the criminal stigma. She should be okay -- and so should you.

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Answered on 4/18/09, 3:51 pm


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