Legal Question in Criminal Law in Colorado

Juvenile

My son (13) was charged with criminal mischief in Feb of 2008. He was with other teens that scratched some cars, he did not do it. Unfortunatly he pleaded guilty mostly because we could not afford an attorney for him and we do not qulaify for assistance, so we took what the DA offered. One year probation, and some community service.

In March 0f 2008, my son at school was trying to break up a fight. Another boy was trying to pick a fight with some boys my son was with. The other boy threatened to kill my son and tried to hit him. My son grabbed the other boy in a head lock and forced the boy into some lockers. The boy sufferes a concusion. My son is being charged with assult 3 and disorderly conduct. We again are in a situation where we can't afford legal assistance and we do not qualify for a court appointed lawyer.

I would like to know if taking a second out on my home or borrowing against a 401K would be advisable to get legal help or if we should see what the DA offers this time and hope for the best? I am sure that the DA won't be kind.


Asked on 4/11/08, 5:32 pm

2 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Juvenile

I firmly belive everyone who is charged with a crime should have an attorney and my experience is those who go to court without one live to regret it. I do work with people on the fees and if I could be of service, please feel free to e mail me. Good luck.

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Answered on 4/11/08, 7:52 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Juvenile

Your concern about the fight is misplaced (at least as far as the total penalty). The new charge, if it results in any kind of plea, will violate the probation in the first case. If probation is violated, the judge (or juvenile magistrate) can sentence the juvenile to ANYTHING he could have originally be sentenced to (like jail). Now, the child comes before the court as a repeat offender. On top of that, he will have the sentence for the new offense. I don't know what you are waiting for before he gets counsel. Message to the kid: if you ever get probation again, you have to walk on eggshells until the probation is over.

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Answered on 4/11/08, 8:12 pm


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