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Tuesday, November 3, 2026

Vehicular Homicide in Colorado: Charges, Penalties, Defenses

A fatal car accident can lead to some of the most serious criminal charges a driver can face in Colorado. If the police believe a driver was reckless or impaired by alcohol or drugs, prosecutors may charge vehicular homicide, a felony that can carry years in prison.

But here’s something that is important to understand. Just because someone died in an accident does not automatically mean the driver committed a crime. Even when a driver made a mistake, that does not necessarily mean the evidence supports a felony charge.

Colorado law makes important distinctions between careless driving, reckless driving, criminal negligence, and driving under the influence. Those distinctions can make an enormous difference in the charges filed and the possible penalties.

There was also an important change to Colorado law in 2026. The legislature expressly included deaths caused by criminally negligent driving within the criminally negligent homicide statute. That change gives prosecutors clearer statutory authority to bring a felony charge in certain fatal accidents that do not involve alcohol, drugs, or reckless driving.

I’m Josh McDowell, a former Colorado Springs Deputy District Attorney and criminal defense lawyer. I’ve practiced criminal law in El Paso County since 2004, first as a prosecutor and, since 2007, as a defense attorney.

In this article, I’ll explain how Colorado’s vehicular homicide laws work, the penalties, what changed in 2026, and some of the defenses that may be available.

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What Is Vehicular Homicide in Colorado?

Vehicular homicide is defined under C.R.S. § 18-3-106.

Colorado recognizes three ways a person can commit vehicular homicide:

Reckless driving that proximately causes another person’s death.
Driving under the influence of alcohol or drugs that proximately causes another person’s death.
Driving while ability impaired by alcohol or drugs that proximately causes another person’s death.

Each is a felony, but the penalties and what the prosecution must prove are different.

Importantly, vehicular homicide does not require that a driver intended to hurt or kill anyone. Most vehicular homicide cases involve conduct where the resulting death was unintended.

The prosecution must still prove every element of the particular charge beyond a reasonable doubt.

1. Vehicular Homicide by Reckless Driving

Under C.R.S. § 18-3-106(1)(a), a driver commits vehicular homicide if they operate a motor vehicle recklessly and that conduct is the proximate cause of another person’s death.

This is a class 4 felony.

The important word here is “recklessly.”

Under Colorado law, recklessness means consciously disregarding a substantial and unjustifiable risk. The disregard must amount to a gross deviation from the standard of care that a reasonable person would exercise.

For example, a prosecutor might argue that excessive speeding, street racing, or dangerous passing demonstrated reckless driving.

But none of those facts should be examined in isolation. The actual circumstances matter.

A driver who makes a momentary mistake is not necessarily driving recklessly. The prosecution has to establish the required mental state, which is a higher standard than ordinary negligence.

This distinction often becomes one of the most important issues in defending a vehicular homicide case.

For a closer look at these distinctions, read my article explaining the difference between careless driving and reckless driving in Colorado.

2. Vehicular Homicide by DUI

Under C.R.S. § 18-3-106(1)(b)(I), a person commits vehicular homicide if they drive while under the influence of alcohol, drugs, or a combination of the two, and that conduct proximately causes another person’s death.

This is a class 3 felony, carrying more severe penalties than the reckless driving version.

Colorado defines DUI as being affected by alcohol or drugs to the point that a person is substantially incapable, mentally or physically, of exercising clear judgment, sufficient physical control, or due care in operating a vehicle safely.

Unlike the reckless driving version, DUI vehicular homicide is expressly designated a strict liability crime.

What does that mean?

The prosecution does not have to prove that the driver intended to cause an accident. It also does not have to establish reckless driving.

However, the state still must prove the required voluntary conduct, impairment, and causation.

This is an important distinction that is sometimes misunderstood.

In People v. Garner, 781 P.2d 87 (Colo. 1989), the Colorado Supreme Court explained that the prosecution does not have to prove that intoxication itself caused the accident.

Instead, the state must prove that the defendant voluntarily drove while intoxicated and that the driving was the proximate cause of the death.

That makes vehicular homicide by DUI a particularly serious charge, even when the prosecution cannot prove that the driver was speeding, driving aggressively, or otherwise operating the vehicle recklessly.

For more information about DUI charges and how they are prosecuted, see my Colorado Springs DUI defense page.

3. Vehicular Homicide by DWAI

Colorado also allows a vehicular homicide charge when the driver was impaired by alcohol or drugs, even if the evidence does not establish the higher DUI level of impairment.

This offense is found in C.R.S. § 18-3-106(1)(b)(I.5).

It is a class 4 felony.

DWAI stands for Driving While Ability Impaired.

Under Colorado law, DWAI means that alcohol or drugs affected the person to the slightest degree, making them less able than they ordinarily would be to exercise clear judgment, sufficient physical control, or due care while driving.

This is a lower standard than DUI.

For example, a driver might have a blood alcohol concentration below 0.08 but still be impaired under Colorado law.

If that driver is involved in a fatal accident, prosecutors may consider a DWAI vehicular homicide charge.

You can read more about the distinction in my article, What Is a DWAI in Colorado?.

Does a BAC of 0.08 Automatically Prove Vehicular Homicide?

No.

Colorado law allows certain conclusions to be drawn from chemical testing, but a BAC result alone does not establish all the elements of vehicular homicide.

Under C.R.S. § 18-3-106(2), the relevant alcohol and marijuana testing provisions include:

BAC of 0.05 or less: A statutory presumption that the person was not under the influence of alcohol.
BAC above 0.05 but below 0.08: The result may be considered along with other competent evidence in determining whether the driver was under the influence.
BAC of 0.08 or higher: A permissible inference that the person was under the influence of alcohol.
Delta-9 THC of 5 nanograms or more per milliliter of whole blood: A permissible inference that the driver was under the influence of drugs.

An inference is not the same thing as a mandatory finding.

For example, a THC result of 5 nanograms does not automatically establish impairment or guilt.

The prosecution must still prove the charged offense beyond a reasonable doubt.

The timing of the test, laboratory procedures, other evidence of impairment, and circumstances of the accident can all become important issues.

I’ve written separately about Colorado’s marijuana DUI laws, including the difference between a detectable THC level and evidence that a driver was actually impaired.

What Is the Difference Between Vehicular Homicide, Manslaughter, and Criminally Negligent Homicide?

People frequently use the term “vehicular manslaughter” when discussing fatal automobile accidents.

That phrase is common in other states, but Colorado has a specific vehicular homicide statute.

Colorado also has separate offenses for manslaughter and criminally negligent homicide.

Here is how they compare.

Criminal charge	Classification	Standard
Vehicular homicide, DUI	Class 3 felony	DUI driving proximately causes death
Vehicular homicide, reckless driving	Class 4 felony	Reckless driving proximately causes death
Vehicular homicide, DWAI	Class 4 felony	Impaired driving proximately causes death
Manslaughter	Class 4 felony	Recklessly causing another person’s death
Criminally negligent homicide	Class 5 felony	Causing death through criminal negligence
Careless driving causing death	Class 1 misdemeanor traffic offense	Careless driving proximately causes death

The difference between recklessness, criminal negligence, and carelessness can be critical.

Reckless Driving Versus Criminal Negligence

Recklessness generally requires proof that a person was aware of a substantial and unjustifiable risk and consciously disregarded it.

Criminal negligence is different.

A criminally negligent person fails to perceive a substantial and unjustifiable risk that the law requires them to recognize. That failure must represent a gross deviation from the reasonable standard of care.

For example, imagine that a driver causes a fatal accident after failing to notice an approaching vehicle.

Was the driver simply careless? Did the driver fail to recognize an obvious and substantial risk? Or did the driver recognize the risk and decide to proceed anyway?

Those are different legal questions.

And the answers could determine whether the case is prosecuted as a misdemeanor, a class 5 felony, or a class 4 felony.

My Colorado traffic defense page explains some of the other traffic offenses that can arise from a serious motor vehicle accident.

What Changed in Colorado’s Vehicular Homicide Laws in 2026?

In 2026, Colorado passed Senate Bill 26-072, which took effect September 1, 2026.

The law made several changes affecting fatal automobile accidents.

Criminally Negligent Driving Is Now Expressly Included in the Homicide Statute

The legislature amended C.R.S. § 18-3-105 to expressly include causing another person’s death through criminally negligent operation of a motor vehicle.

This is a class 5 felony.

Importantly, criminally negligent homicide was already a felony before the amendment, and the general statute could already apply to conduct involving a motor vehicle.

The new law makes that application explicit.

For cases involving criminally negligent driving, the statute now directly provides that a person commits criminally negligent homicide when their driving is the proximate cause of another person’s death.

The change is particularly relevant in accidents where prosecutors cannot establish intoxication or conscious disregard of a known risk.

The Legislature Repealed a Misdemeanor Provision for Fatal Accidents Involving Mobile Devices

Previously, C.R.S. § 42-4-239(4)(d) separately classified certain deaths caused by unlawful mobile electronic device use while driving as class 1 misdemeanor traffic offenses.

SB26-072 repealed that provision.

However, that does not mean every fatal accident involving a cell phone automatically becomes felony criminally negligent homicide.

Prosecutors still have to prove the elements of the felony, including criminal negligence and proximate causation.

The facts surrounding the use of the phone will matter.

Driver’s License Consequences Were Expanded

The 2026 law also expressly subjects a person convicted of criminally negligent homicide while operating a motor vehicle to mandatory driver’s license revocation.

It also amended statutes addressing habitual traffic offenders and certain compelled chemical testing procedures.

What Are the Penalties for Vehicular Homicide in Colorado?

All three forms of vehicular homicide are felonies.

The standard presumptive sentencing ranges are set out in C.R.S. § 18-1.3-401.

Charge	Presumptive prison range	Fine range	Mandatory parole if imprisoned
Vehicular homicide, DUI, class 3 felony	4 to 12 years	$3,000 to $750,000	3 years
Vehicular homicide, reckless, class 4 felony	2 to 6 years	$2,000 to $500,000	3 years
Vehicular homicide, DWAI, class 4 felony	2 to 6 years	$2,000 to $500,000	3 years
Criminally negligent homicide, class 5 felony	1 to 3 years	$1,000 to $100,000	2 years

These are the ordinary presumptive ranges, not necessarily the sentence a particular defendant will receive.

Some circumstances may require sentencing outside the presumptive range. Other circumstances may support probation or another legally authorized sentencing alternative.

Is Prison Mandatory for Vehicular Homicide?

Not automatically.

A vehicular homicide conviction does not, by itself, require mandatory prison under Colorado’s crime of violence statute.

Probation may be legally available, depending on the offense, the defendant’s record, and other applicable sentencing laws.

That does not mean probation will necessarily be offered or imposed.

Prosecutors and judges take fatal automobile cases seriously. The facts of the collision, degree of culpability, defendant’s criminal history, and circumstances of the death can have a significant effect on sentencing.

I would be cautious of anyone who promises a particular sentence without first reviewing the actual charges and evidence.

When a case proceeds through negotiations rather than trial, the final result may depend on the strength of the evidence and the terms of an agreement with the prosecution. I explain that process in my article on what happens after a DUI charge in Colorado.

How Do You Defend a Vehicular Homicide Charge?

These cases can involve hundreds or thousands of pages of evidence, including accident reconstruction reports, photographs, laboratory records, witness statements, body-camera recordings, and vehicle data.

A strong defense requires examining much more than the police report.

Here are some of the first issues I would examine.

1. Was the Driver Actually Reckless?

If the charge is vehicular homicide based on reckless driving, the prosecution must establish recklessness.

An accident, even a fatal one, is not enough.

I would want to know exactly what occurred before the collision.

How fast was the vehicle traveling? What was the posted speed limit? What were the weather and visibility conditions? What could the driver reasonably see? Were there other vehicles involved?

I would also examine whether the accident reconstruction is consistent with the physical evidence.

Police conclusions are not automatically correct.

A reconstruction expert may reach different conclusions about the collision, vehicle speed, braking, visibility, or sequence of events.

2. Was the Driver Actually Under the Influence?

When alcohol or drugs are alleged, the chemical testing becomes an important part of the case.

But the existence of a blood test does not mean the results are beyond challenge.

Questions may include:

Was the blood sample collected and documented properly?
How much time passed between driving and testing?
Were the laboratory methods scientifically reliable?
Was the sample stored and handled correctly?
Do the officer’s observations support the prosecution’s impairment allegation?
Were there medical or other explanations for the driver’s appearance or behavior?

I have handled DUI cases for more than 20 years. In my experience, some of the most important defense issues are found in the details of the testing procedures and the actual evidence of impairment.

Field sobriety tests can also play a role in an impaired-driving investigation. These tests rely heavily on an officer’s observations, and there may be explanations for poor performance unrelated to alcohol or drugs.

I discuss these issues in more detail in my article about field sobriety tests in Colorado Springs.

You can also read my guide on how to defend against a Colorado DUI charge.

3. Did the Defendant’s Driving Actually Cause the Death?

This is one of the most important questions in a vehicular homicide case.

Colorado law requires proximate causation.

That means the prosecution must establish the required legal connection between the defendant’s conduct and the death.

In some cases, another driver’s actions, unexpected roadway conditions, or an independent intervening event may become important.

However, the existence of another contributing cause does not automatically eliminate criminal liability.

There can be more than one proximate cause of a death.

The important question is whether the prosecution can prove that the defendant’s conduct satisfies the causation requirement.

For DUI vehicular homicide, People v. Garner makes clear that the state does not have to prove that intoxication itself caused the collision.

That is why the specific facts and the applicable causation law must be examined carefully.

4. Was the Driving a Voluntary Act?

Even though DUI vehicular homicide is a strict liability crime, Colorado law requires proof of voluntary conduct.

The Colorado Supreme Court addressed this issue in People v. Rostad, 669 P.2d 126 (Colo. 1983), and People v. Deadmond, 683 P.2d 763 (Colo. 1984).

The state must establish the necessary voluntary act of operating or driving the motor vehicle.

There may be unusual cases involving an unforeseen medical event, loss of consciousness, or other circumstances where voluntariness becomes a genuine legal issue.

This will not be a defense in every case, but it is something that should be examined when the facts support it.

5. Was the Evidence Obtained Legally?

I also examine whether police complied with constitutional requirements when investigating the accident.

That can include reviewing:

Blood testing and compulsory blood draws.
Searches of the vehicle and its electronic data.
Statements obtained during police questioning.
Searches of phones and other electronic devices.
Search warrants and the probable cause supporting them.

Colorado law permits officers to require blood testing in certain vehicular homicide and related investigations, including situations involving refusal.

However, statutory authority does not eliminate applicable Fourth Amendment protections.

Whether the police lawfully obtained particular evidence can be an important issue in the defense.

A successful motion to suppress evidence may affect what the prosecution can use at trial.

I discuss some of these constitutional protections in my article, Can Police Search Your Car During a Traffic Stop in Colorado?

Can You Lose Your Driver’s License After a Vehicular Homicide Charge?

Yes.

Under C.R.S. §§ 42-2-125 and 42-2-128, a conviction for vehicular homicide requires revocation of the driver’s license.

The 2026 legislation also expressly applies mandatory revocation to criminally negligent homicide committed while operating or driving a motor vehicle.

There can also be administrative license consequences before the criminal case is resolved.

For example, when alcohol or drugs are involved, the Colorado DMV may initiate a separate revocation proceeding based on chemical test results or an express consent refusal.

The DMV case and the criminal case are separate proceedings.

A favorable result in criminal court does not necessarily eliminate an administrative revocation.

In many express consent cases, you may have only seven days after receiving the applicable notice to request a DMV hearing.

For more information, see my Colorado driver’s license guide and resources.

If the investigation involves alcohol or drugs, my article on what to do immediately after a DUI arrest also explains the DMV hearing process and important deadlines.

What Should You Do if You Are Being Investigated for Vehicular Homicide?

If you or a family member is being investigated after a fatal accident, I recommend contacting an experienced criminal defense lawyer as soon as possible.

There are several reasons why getting involved early can matter.

First, investigators may be collecting statements and evidence long before formal charges are filed.

Second, physical evidence can disappear. Surveillance video may be overwritten. Vehicles may be released or repaired. Witnesses may become difficult to locate.

Third, statements made to police, insurance investigators, or other people may later become evidence in a criminal prosecution.

You should not lie to investigators, destroy evidence, or interfere with an investigation.

But you also do not have to volunteer incriminating statements to police. You can clearly invoke your right to remain silent and request an attorney.

I discuss this in more detail in my article, Know Your Rights: What to Say and Not Say When Stopped by Police.

Preserve any potentially relevant evidence, including photographs, vehicle information, communications, and documents.

If an insurance company contacts you for a recorded statement, speak with your criminal defense lawyer before providing one. A fatal collision can create both criminal exposure and a separate civil claim.

Getting legal advice early can help protect your rights while preserving evidence that may be important to your defense.

Vehicular Homicide Defense Lawyer in Colorado Springs

I spent the first part of my legal career prosecuting criminal cases in Colorado Springs. Since 2007, I’ve represented people accused of crimes, including serious felony offenses.

That background gives me experience evaluating criminal cases from both sides.

When someone contacts me about a vehicular homicide investigation, my first priority is understanding the facts and examining what the prosecution can actually prove.

Was the driving reckless? Was there reliable evidence of impairment? What caused the collision? Were the driver’s constitutional rights violated? Does the evidence support the particular criminal charge?

Those are the questions that matter.

At McDowell Law Firm, I personally handle my clients’ cases. I believe that when someone is facing a charge that can change the rest of their life, they deserve direct access to the attorney responsible for their defense.

If you are being investigated for vehicular homicide, criminally negligent homicide, or another serious driving offense in Colorado Springs, El Paso County, or Teller County, contact my office to discuss your situation.

You can learn more about my approach to criminal defense representation in Colorado Springs or read about what to expect during your free consultation.

Frequently Asked Questions About Vehicular Homicide in Colorado

How many years can you get for vehicular homicide in Colorado?

DUI vehicular homicide is a class 3 felony, with an ordinary presumptive prison range of 4 to 12 years.

Reckless and DWAI vehicular homicide are class 4 felonies, with ordinary presumptive ranges of 2 to 6 years.

Aggravating circumstances and other sentencing provisions can change those ranges.

Can you get probation for vehicular homicide in Colorado?

Yes, probation can be legally available in vehicular homicide cases, subject to the applicable sentencing statutes and the defendant’s circumstances.

However, a judge is not required to grant probation, and prison remains a serious possibility.

Can you be charged with vehicular homicide if you were sober?

Yes.

Vehicular homicide based on reckless driving does not require alcohol or drugs.

Additionally, criminally negligent driving that proximately causes death can support a separate class 5 felony charge under C.R.S. § 18-3-105.

Is vehicular homicide the same as vehicular manslaughter?

Not exactly.

Colorado has a specific vehicular homicide statute. Manslaughter is a separate criminal offense under C.R.S. § 18-3-104.

The charges have different elements, although both may arise from conduct involving an automobile.

Is vehicular homicide always a felony?

Yes.

All three forms of vehicular homicide under C.R.S. § 18-3-106 are felonies.

However, not every fatal traffic accident qualifies as vehicular homicide. Depending on the facts, a driver could face a different offense, including misdemeanor careless driving resulting in death.

What if the other driver caused the accident?

The actions of another driver may be important to determining causation and criminal liability.

However, Colorado law recognizes that more than one person’s conduct can be a proximate cause of a death.

The defense must examine whether the prosecution can establish that the accused driver’s conduct satisfies the causation requirement.

Can a vehicular homicide charge be reduced or dismissed?

Yes, depending on the evidence and circumstances.

A charge may be dismissed if the prosecution cannot establish the necessary elements or if legal issues prevent the state from proceeding.

Negotiated resolutions to lesser charges may also be possible.

No particular outcome can be guaranteed.

What is the new Colorado vehicular homicide law for 2026?

Senate Bill 26-072 took effect September 1, 2026.

It expressly included criminally negligent driving causing death within Colorado’s criminally negligent homicide statute, repealed a separate misdemeanor provision for certain fatal crashes involving mobile electronic devices, and amended related driver’s license and testing laws.

It did not automatically make all vehicular homicide convictions subject to mandatory prison.

This article provides general information about Colorado law as of November 2026. It is not legal advice for any particular case. The law applicable to an individual case may depend on when the alleged offense occurred and the defendant’s specific circumstances.

Sources

Monday, November 2, 2026

Juvenile Detention in Colorado: How It Works and What Families Should Know

If your son or daughter has just been arrested, one of your first questions is probably simple: Are they coming home?

In many juvenile cases, a child can be released to a parent or supervised in the community rather than held in a secure detention facility. Colorado law specifically limits when juvenile detention can be used and directs the system toward less restrictive alternatives when they can safely address the situation.

But when a child is detained, things move quickly. A detention hearing generally must take place within 48 hours, excluding Saturdays, Sundays, and legal holidays. What happens at that hearing can determine whether your child goes home or remains in custody while the case moves forward.

Before becoming a Colorado Springs criminal defense attorney, I worked as a prosecutor in the Fourth Judicial District, including juvenile cases. I have handled juvenile matters from both sides of the courtroom. For parents, the process can move fast and use terminology that is completely unfamiliar.

This guide explains what juvenile detention means in Colorado, when a child can legally be detained, what happens at the first hearing, how long detention can last, and what parents should be doing immediately after an arrest.

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What Does Juvenile Detention Mean in Colorado?

Juvenile detention is temporary, secure custody. It is generally used while a delinquency case is pending or, in certain circumstances, as part of a court-ordered disposition after a juvenile has been adjudicated delinquent.

It is important to separate three terms that are often confused.

Detention is secure, generally short-term custody.

Commitment is placement in the custody of the Colorado Department of Human Services after adjudication and disposition. Commitment can last much longer than detention.

Probation allows a juvenile to remain in the community subject to court-ordered conditions and supervision.

Colorado’s juvenile detention system is operated through the Division of Youth Services, or DYS, within the Colorado Department of Human Services.

Colorado does not treat secure detention as the automatic response to a juvenile arrest. State law expressly recognizes that detention can have negative consequences for children and directs courts toward the least restrictive setting that is consistent with public safety.

That means the real question after an arrest is usually not simply whether the police believe the child committed an offense. The question is whether secure detention is legally justified.

For a broader explanation of what happens from arrest through disposition, read my guide to navigating the Colorado juvenile justice system.

Juvenile Detention in Colorado Springs

For families in El Paso and Teller Counties, the primary secure detention facility is the Zebulon Pike Youth Services Center in Colorado Springs.

Zebulon Pike is a secure, co-ed detention facility that serves the Fourth Judicial District. DYS currently identifies it as a 27-bed detention center serving youth ages 10 through 17.

Spring Creek Youth Services Center is also located in Colorado Springs, but it serves a different population. Spring Creek is now a secure treatment facility for male youth who have been committed to DYS. It is not the regular detention center for newly arrested juveniles.

These distinctions matter because detention and commitment are different legal statuses with different rules.

Who Can Be Placed in Juvenile Detention?

Colorado law places significant restrictions on detention.

Under C.R.S. § 19-2.5-304, detention is not permitted in several circumstances.

For example, detention cannot be used for a juvenile who has not committed or been accused of committing a delinquent act, subject to limited contempt situations.

A juvenile also cannot be placed in detention simply because:

There are no good supervision alternatives available.
The community lacks appropriate treatment or services.
There is inadequate supervision at home.
A parent or guardian does not want to take responsibility for the child.
The juvenile presents only a risk of self-harm.
Someone wants the juvenile detained as punishment.
A victim, police officer, or member of the community requests detention.
Police want easier access to continue questioning or investigating the juvenile.

Colorado law is intentionally restrictive. Detention is supposed to address legitimate public-safety and flight concerns. It is not supposed to become a substitute for treatment, parenting, housing, or available community services.

Can a 10-, 11-, or 12-Year-Old Be Put in Juvenile Detention?

Only in limited circumstances.

Colorado law provides additional protection for children who are at least 10 but younger than 13.

Under C.R.S. § 19-2.5-304, a court generally cannot order a juvenile between the ages of 10 and 12 into detention unless the child has been arrested for a felony or one of the qualifying weapons offenses identified in the statute.

The same age restriction applies when the court is deciding whether to continue detention at the detention hearing.

This is broader than simply saying that a 12-year-old charged with a misdemeanor cannot be detained. The restriction applies to children ages 10, 11, and 12.

The specific charge matters. If you have a child in this age range who has been detained, one of the first things the juvenile defense attorney should examine is whether the alleged offense legally permits detention in the first place.

Options after custody and the 48-hour hearing

Presumptions in Serious Cases

Some allegations create a rebuttable presumption that the juvenile presents a substantial risk of serious harm to others.

That includes certain alleged crimes of violence and certain cases involving firearms or weapons.

A rebuttable presumption does not mean detention is automatically required. It means the defense has to address the presumption and present information showing why detention is unnecessary or why another placement can reasonably manage the risk.

When the underlying allegation involves a fight, injury, weapon, or self-defense claim, the detention issue can also overlap with the defense to the underlying Colorado assault charge.

Does My Child Get a Lawyer at the Detention Hearing?

Yes.

A juvenile detained for an alleged delinquent act must be represented by an attorney at the detention hearing.

If the juvenile has not retained private counsel, the court appoints the Office of the State Public Defender. If the Public Defender has a conflict, the Office of Alternate Defense Counsel can be appointed.

Colorado law also requires the hearing to be scheduled in a way that gives defense counsel sufficient time to consult confidentially with the juvenile beforehand.

The court must also appoint a guardian ad litem for a juvenile who remains detained under the juvenile justice statutes. That appointment ordinarily ends when the juvenile is released unless another legal basis exists for continuing it.

What Can Happen at the End of the Detention Hearing?

The judge has several possible options.

Depending on the case, the court may:

Release the juvenile to a parent, guardian, legal custodian, relative, or other suitable person.
Place the juvenile in a temporary shelter facility.
Release the juvenile on an unsecured personal-recognizance bond.
Order continued secure detention when the statutory requirements are met.
Place the juvenile in an appropriate preadjudication services program in qualifying cases.

If the court orders continued detention or placement in a preadjudication service program after the detention hearing, Colorado law generally requires the district attorney to file a delinquency petition within 72 hours after the hearing, excluding Saturdays, Sundays, and legal holidays. The court can extend that deadline for good cause.

What Should Parents Bring to a Detention Hearing?

A detention hearing happens quickly. The defense is stronger when we can present a specific release plan rather than simply asking the judge to send the child home.

Useful information can include:

Proof of a stable residence.
School enrollment and attendance information.
Work schedules.
Sports, extracurricular, or treatment schedules.
Information about counseling or existing services.
Names of adults who can help supervise the juvenile.
A proposed curfew.
Transportation arrangements.
Any practical plan for keeping the juvenile away from an alleged victim or codefendant.
Information about medications, medical conditions, mental-health treatment, or disabilities.

The question is whether risk can reasonably be managed outside secure detention.

A detailed plan gives the court something concrete to consider.

How Long Can a Juvenile Stay in Detention?

There is no single maximum that applies to every situation.

That is because people use the word “detention” to describe several different circumstances.

Pretrial Detention

A juvenile may remain in detention while a delinquency case is pending if the legal requirements for detention continue to be satisfied.

That does not mean the judge can simply order a child held indefinitely without the rest of the case moving forward. Colorado’s juvenile code contains separate filing, hearing, and speedy-trial deadlines that can apply depending on the circumstances.

If circumstances change, the defense can also seek reconsideration of whether continued detention remains necessary.

A Detention Sentence After Adjudication

DYS describes detention sentences as lasting up to 45 days.

But I would not describe 45 days as a universal sentence available in every juvenile case.

Colorado’s sentencing statutes authorize detention in particular circumstances. For example, C.R.S. § 19-2.5-1113 permits up to 45 days of detention for certain juveniles age 13 or older adjudicated of qualifying offenses when the statutory requirements are met.

Other juvenile sentencing provisions also contain detention authority and limitations.

The correct sentencing range therefore depends on the offense, the juvenile’s age, the disposition being considered, prior history, probation status, and the particular statute being used.

Commitment to DYS

Commitment is different from detention.

A court can commit a juvenile to the Department of Human Services following an adjudication in qualifying cases. Commitment can last far longer than a short detention sentence.

If someone tells you a child is facing months or years in a youth facility, the first question should be whether they are talking about detention or commitment.

They are not the same thing.

Is Juvenile Detention the Same as Jail?

No.

Juvenile detention is part of Colorado’s juvenile justice system. It is legally different from an adult county jail sentence.

But secure detention is still custody.

Youth in a secure detention center are not free to leave. Their movement and daily schedule are controlled by the facility.

For most juveniles involved in ordinary delinquency proceedings, detention takes place in a DYS youth center rather than an adult jail.

Different rules can apply when a juvenile is prosecuted as an adult through direct filing or transfer.

Colorado law heavily restricts placing juveniles in adult jails. In a 2026 decision, People v. Lawrence, the Colorado Supreme Court also held that C.R.S. § 19-2.5-305(4)(g) required the transfer of a person being detained on adult-filed charges to the county jail once that person turned 18.

That is a specialized situation and should not be confused with an ordinary juvenile delinquency case.

What Is Daily Life Like in Juvenile Detention?

DYS provides housing, meals, clothing, hygiene items, exercise, recreation, education, and structured programming for detained youth.

Education continues while a juvenile is detained.

At Zebulon Pike Youth Services Center in Colorado Springs, educational services are currently provided by Cheyenne Mountain School District 12. Students can complete academic work for credit toward graduation, and qualifying students may work toward a GED.

Some detained youth may also have access to cognitive-behavioral programming.

DYS facilities operate under policies addressing sexual abuse, sexual harassment, employee conduct, and the federal Prison Rape Elimination Act.

If your child reports abuse, threats, mistreatment, or another serious event inside the facility, tell the defense attorney immediately. Write down exactly what your child reported, when it allegedly happened, where it happened, and who was involved.

What Parents Should Do After a Juvenile Arrest

The first few days matter.

Here is what I generally want parents thinking about immediately.

1. Get an attorney involved early.

The detention hearing can happen quickly. If the goal is release, the attorney needs time to understand the allegations, review the available information, and develop a workable release plan.

You can read more about how I handle these cases on my Colorado Springs juvenile defense page.

2. Do not let your child discuss the facts of the case.

Your child should not be trying to explain the case to police, other juveniles, friends, witnesses, or people at the facility.

They should discuss the facts with their lawyer.

3. Find out why detention was recommended.

The screening result matters. The attorney should determine how the juvenile scored, what factors were relied upon, and whether an override was used.

4. Build a realistic supervision plan.

If your child comes home, who will supervise them? What is the school schedule? Can you enforce a curfew? Can contact with particular people be prevented? Is counseling available?

Specific answers matter.

5. Tell the attorney about medical or mental-health concerns.

Colorado law places restrictions on detention when a facility cannot safely address a juvenile’s medical condition. Mental-health issues can also affect placement, services, competency, and the defense itself.

6. Preserve evidence.

Save text messages, videos, social-media posts, school records, photographs, witness information, and anything else that may relate to the allegation.

Do not delete evidence because it looks bad. Let the attorney decide what matters.

7. Do not contact the alleged victim to “work things out.”

That can create new problems, particularly if a protection order or no-contact condition has been entered.

This issue comes up frequently in cases involving family members or dating relationships. You can read more about protection orders and no-contact issues on my page covering Colorado domestic violence cases.

What I Look at When a Child Is Detained

At the beginning, I want to know why this child is sitting in detention.

Was there actually probable cause?

Did the juvenile qualify for detention under the statute?

What did the detention screening instrument show?

Was there a valid reason to override the screening result?

Is there really a substantial risk of serious harm?

Is there truly a substantial risk of flight from prosecution, rather than a general concern that the juvenile might miss court?

Can those risks be handled with a parent, curfew, treatment, school attendance, monitoring, or another community-based alternative?

If the juvenile is under 13, does the charged offense even qualify for detention?

Was detention being used because there was nowhere else for the child to go?

Colorado law puts limits on detention for a reason. Those limits should be enforced.

What Happens After the Detention Hearing?

The detention hearing is only the beginning of the case.

The district attorney may file a delinquency petition. From there, the case can involve motions, negotiations, diversion, an adjudicatory hearing, a deferred adjudication, probation, or another disposition.

Diversion can be particularly important in juvenile cases. When available, it may allow a young person to resolve a case outside the traditional adjudication process by completing requirements such as counseling, classes, community service, treatment, or other conditions. I discuss diversion and other possible outcomes in more detail in my guide to the Colorado juvenile justice process.

In serious cases, commitment to DYS may be possible. In a much smaller category of cases, prosecutors may pursue proceedings that expose the juvenile to adult criminal consequences.

The defense should start looking at the underlying case immediately.

That includes police conduct, statements, searches, identification evidence, witness credibility, self-defense, intent, surveillance video, digital evidence, school records, and any other issue that may affect whether the government can actually prove the allegation.

For older teenagers, alcohol-related driving allegations can create a separate set of court and driver’s-license issues. I cover those in more detail on my underage DUI defense page.

How McDowell Law Firm Handles Juvenile Cases

I started my career as a prosecutor in the Fourth Judicial District and handled juvenile cases before moving into criminal defense.

That experience matters because juvenile cases move differently from adult criminal cases. The terminology is different. The sentencing options are different. Detention rules are different. Diversion and rehabilitation play a larger role.

I also keep my caseload limited and handle my cases personally.

When a child is in custody, families need answers quickly. You should know what the hearing is for, what the prosecutor is asking for, what the judge can legally do, and what we can do to improve the situation.

McDowell Law Firm represents juveniles and their families in Colorado Springs, El Paso County, and surrounding areas.

If your child has been arrested or placed in juvenile detention, getting a juvenile defense attorney involved early gives you more time to challenge detention, preserve evidence, and start building the underlying defense.

Frequently Asked Questions About Juvenile Detention in Colorado

Can my child be released after being arrested?

Yes. An arrest does not automatically require secure detention. Colorado’s juvenile system provides for release to parents and other responsible adults, supervision programs, monitoring, shelter placement, and other alternatives when appropriate.

How quickly does my child get a detention hearing?

Generally within 48 hours after placement, excluding Saturdays, Sundays, and legal holidays. Colorado law contains a 24-hour deadline for a juvenile detained on a warrant for violating a valid court order involving a status offense. A court may grant a reasonable extension for good cause.

Does my child get a lawyer at the detention hearing?

Yes. A juvenile detained for an alleged delinquent act must have counsel at the detention hearing. If private counsel has not been retained, the court appoints the Public Defender or, when there is a conflict, Alternate Defense Counsel.

What does the judge have to find to keep my child detained?

Continued detention generally requires probable cause, satisfaction of the statutory detention-screening requirements, and a finding that the juvenile presents a substantial risk of serious harm to others or a substantial risk of flight from prosecution that community alternatives cannot reasonably mitigate.

Can a 12-year-old be placed in juvenile detention?

Only in limited circumstances. The rule actually applies to children who are at least 10 but younger than 13. Colorado law generally prohibits detention for that age group unless the juvenile was arrested for a felony or one of the qualifying weapons offenses listed in the statute.

How long can my child stay in juvenile detention?

It depends on why the child is being detained. Pretrial detention is different from a detention sentence imposed after adjudication. Certain juvenile sentencing statutes authorize detention for up to 45 days, but 45 days is not a universal sentence for every juvenile offense. Commitment to DYS is a separate disposition and can last much longer.

Where are juveniles detained in Colorado Springs?

Zebulon Pike Youth Services Center is the secure DYS detention facility serving El Paso and Teller Counties. Spring Creek Youth Services Center is also in Colorado Springs but currently serves committed youth rather than the regular pretrial detention population.

Is juvenile detention an adult jail?

No. Juvenile detention is part of Colorado’s separate juvenile justice system. Secure detention is still a locked custodial setting, but juveniles in ordinary delinquency proceedings are generally housed in juvenile facilities rather than adult county jails.

Should I hire a lawyer before the detention hearing?

You do not have to hire private counsel for your child to have representation at the detention hearing because Colorado provides appointed counsel for detained juveniles who have not retained an attorney.

But if you plan to hire private counsel, getting that attorney involved before the hearing gives the lawyer more time to review the case, gather information, and prepare a release plan. The earlier you retain private counsel, the more legal support you will have for your child’s case.

Sources

Colorado Revised Statutes §§ 19-2.5-301, 19-2.5-304, and 19-2.5-305.

Colorado Revised Statutes §§ 19-2.5-1106, 19-2.5-1113, and related juvenile sentencing provisions.

Colorado Division of Youth Services.

Colorado Division of Youth Services, Zebulon Pike Youth Services Center.

Colorado Division of Youth Services, Spring Creek Youth Services Center.

Colorado Judicial Branch, juvenile detention and representation materials.

Colorado Legislative Council Staff, Colorado Juvenile Justice Systems, January 2026.

People v. Lawrence, 2026 CO 39.

Sources

What Is Insurance Bad Faith in Colorado?

An insurance company does not commit bad faith simply because it denies a claim or disagrees with you about how much the claim is worth.

The issue is whether the insurance company acted reasonably.

Colorado recognizes a special duty of good faith and fair dealing between an insurance company and its insured. Insurance is different from an ordinary commercial contract because people purchase insurance for financial protection when something goes wrong.

When an insurer handles a claim unreasonably, Colorado law may provide a remedy.

Examples can include:

Failing to conduct a reasonable investigation.
Ignoring important evidence supporting coverage.
Unreasonably delaying a decision.
Repeatedly requesting information that has already been provided.
Refusing to pay benefits that are no longer reasonably disputed.
Relying on policy language that does not reasonably apply.
Changing the reason for denying a claim.
Unreasonably undervaluing a covered loss.

None of these facts automatically proves bad faith. Insurance companies are allowed to investigate claims and dispute claims when they have a reasonable basis for doing so.

The question is whether the insurer’s conduct was objectively reasonable under the circumstances.

Colorado Has Two Main Types of Insurance Bad Faith Claims

An insured may potentially have two separate claims against an insurance company.

Common-Law Insurance Bad Faith

Colorado courts have recognized the tort of bad faith breach of an insurance contract for decades.

For a first-party common-law bad faith claim, the insured generally must prove:

The insurance company’s conduct was unreasonable.
The insurance company knew its conduct was unreasonable or recklessly disregarded whether it was unreasonable.

That second requirement is important.

It is not enough to show that the insurer ultimately made the wrong decision. Common-law bad faith requires proof concerning the insurer’s state of mind or reckless disregard.

Colorado courts judge the reasonableness of an insurance company’s conduct objectively. Industry standards and claim-handling practices can become important evidence.

Statutory Unreasonable Delay or Denial

Colorado also created a separate statutory remedy through C.R.S. §§ 10-3-1115 and 10-3-1116.

Under C.R.S. § 10-3-1115, a person engaged in the business of insurance may not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of a first-party claimant.

The statutory standard is generally easier to establish than common-law bad faith.

For the statutory claim, the insured does not have to prove that the insurance company knew its conduct was unreasonable or recklessly disregarded that fact.

The primary question is whether the insurer delayed or denied payment of a covered benefit without a reasonable basis.

Who Is a First-Party Claimant?

This distinction is critical.

A first-party claim generally involves benefits you are seeking under an insurance policy that provides coverage to you.

Examples can include:

Uninsured or underinsured motorist benefits.
Medical payments coverage.
Homeowners insurance.
Property insurance.
Disability insurance in some circumstances.
Other benefits payable directly to or on behalf of an insured.

Colorado’s statute expressly excludes a person who is asserting a claim against someone else who is insured under a liability policy.

That means there is a significant difference between these two situations.

If another driver causes a crash and you make an injury claim against that driver’s insurance company, you are generally a third-party claimant.

If the driver who hit you is uninsured or underinsured and you make a UM/UIM claim against your own automobile insurer, you are making a first-party insurance claim.

That difference matters because the statutory remedy under C.R.S. §§ 10-3-1115 and 1116 applies to first-party claimants.

You can read more about UM/UIM claims in our guide to what to do if you are hit by an uninsured driver in Colorado.

An Insurance Company Cannot Hold Undisputed Benefits Hostage

One of the most important Colorado insurance cases is State Farm Mutual Automobile Insurance Co. v. Fisher.

Fisher involved an underinsured motorist claim. State Farm agreed that more than $60,000 in medical expenses were reasonable, necessary, and related to the collision. It nevertheless refused to pay those benefits because other portions of the insured’s claim remained disputed.

The Colorado Supreme Court rejected that position.

An insurer cannot simply refuse to pay an undisputed covered benefit because another part of the claim remains disputed.

That rule can become particularly important in UM/UIM cases. An insurance company may legitimately dispute some components of damages while having no reasonable dispute about others.

The existence of one legitimate dispute does not necessarily give the company the right to withhold everything.

A Claim Can Be Unreasonably Delayed Without Being Completely Denied

Bad faith does not require the insurer to send you a letter saying, “Claim denied.”

An unreasonable delay can support a claim.

For example, an insurer might accept that some benefits are covered but repeatedly postpone payment without a reasonable justification.

Colorado law looks at the payment of covered benefits, not merely whether the insurance company eventually closes the entire claim.

That is why the timeline of the claim matters.

When did the insurer receive the evidence?

What did the adjuster know?

When did the insurer recognize that a benefit was covered?

What additional information did the insurer legitimately need?

How long did it take the company to respond?

Those details can determine whether a delay was reasonable.

What Information Can Be Considered in a Bad Faith Case?

A bad faith case generally focuses heavily on what the insurance company knew when it made the challenged decision.

In Schultz v. GEICO Casualty Co., the Colorado Supreme Court explained that the reasonableness of an insurer’s decision must be evaluated based on the information before the insurer at the time of the coverage decision.

That principle makes the claim file extremely important.

Suppose you send your insurer medical records establishing that a surgery resulted from a crash. The insurer denies the claim three weeks later.

The question is not merely whether you can prove causation at trial two years later.

An important question is what evidence the insurer had when it denied the claim and whether its decision was reasonable based on that information.

At the same time, an insurer cannot necessarily defend an unreasonable decision by developing a new justification after litigation begins.

The claim should be evaluated based on the circumstances that existed when the insurer acted.

What Does “Fairly Debatable” Mean?

Insurance companies sometimes argue that a claim was “fairly debatable.”

A genuine dispute about coverage or value is relevant when deciding whether the insurance company acted reasonably.

But “fairly debatable” is not a magic phrase that automatically defeats a bad faith claim.

The Colorado Supreme Court’s decision in Schultz makes clear that the focus remains on whether the insurer acted reasonably based on the information available when it made its decision.

An insurance company cannot simply identify some possible dispute after the fact and treat that as an automatic defense.

What Can You Recover Under C.R.S. § 10-3-1116?

Colorado’s statutory remedy can be significant.

A first-party claimant whose insurance benefits were unreasonably delayed or denied may bring an action to recover:

Two times the covered benefit.
Reasonable attorney fees.
Court costs.

The statute does not require the insured to prove some separate financial injury caused by the delay before recovering the statutory amount.

The “covered benefit” is the benefit that was unreasonably delayed or denied.

Colorado courts have also made clear that the statutory recovery is not necessarily reduced simply because the insurer eventually pays the delayed benefit.

In American Family Mutual Insurance Co. v. Barriga, the Colorado Supreme Court held that the statutory award of two times the covered benefit was not reduced by benefits that the insurance company eventually paid.

Depending on the claims asserted and the facts of the case, an insured may also have a separate breach-of-contract claim to recover benefits owed under the insurance policy. Colorado law permits statutory claims to exist in addition to other available claims, although a claimant cannot obtain an improper double recovery of the same damages.

What Damages Are Available for Common-Law Bad Faith?

Common-law bad faith is a tort.

That means damages are not necessarily limited to what the insurance company should have paid under the policy.

Depending on the evidence, compensatory damages may include economic and noneconomic losses caused by the insurer’s bad faith.

Colorado courts have recognized potential recovery for losses such as:

Financial losses caused by the insurer’s conduct.
Emotional distress.
Inconvenience.
Fear and anxiety.
Other noneconomic harm resulting from the bad faith conduct.

In an appropriate case, exemplary or punitive damages may also be available under Colorado law.

Punitive damages are not automatic. The evidence must satisfy Colorado’s separate statutory requirements for exemplary damages, including proof of fraud, malice, or willful and wanton conduct.

A finding of ordinary bad faith by itself does not automatically justify punitive damages.

How Long Do You Have to Bring a Colorado Bad Faith Claim?

You should treat the statute of limitations seriously.

A common-law insurance bad faith claim is generally subject to Colorado’s two-year limitation period for tort claims.

Colorado courts apply the discovery rule when determining when a bad faith claim accrues. The important question is generally when the insured discovered, or reasonably should have discovered, the injury and the conduct giving rise to the claim.

Statutory claims under C.R.S. § 10-3-1116 have also been treated as subject to a two-year limitations period. In Rooftop Restoration, Inc. v. American Family Mutual Insurance Co., the Colorado Supreme Court specifically rejected the argument that a § 10-3-1116 claim is governed by Colorado’s one-year limitation period for statutory penalties.

The exact accrual date can still become disputed.

Do not assume you have two years from the date the insurance company finally closes the file. The clock may have started earlier.

If you believe an insurance company has acted improperly, speak with an attorney before the limitation issue becomes close.

The deadline for a bad faith claim can also be different from the deadline governing the underlying accident or insurance claim.

If your insurance dispute arose after a crash, you can read more on our Colorado Springs personal injury lawyer page.

Speak with an attorney about your situation before relying on what you believe the time limit is. If you miss the statute, you can be barred from recovery, even if the claim had merit.

What Should You Save if You Suspect Insurance Bad Faith?

Good documentation can make an enormous difference.

Keep:

Your complete insurance policy, including the declarations page and endorsements.
Every letter from the insurance company.
Every email with the adjuster.
Screenshots or copies of claim-portal messages.
Medical records or other documents you submitted.
Repair estimates.
Medical bills.
Wage-loss documentation.
Photographs and videos.
Copies of demand letters.
Written explanations of coverage decisions.
A timeline of telephone calls and conversations.

When you speak with an adjuster by telephone, write down the date, time, name of the person, and what was discussed.

For important conversations, consider sending a short follow-up email confirming what was discussed.

The issue may later become whether the insurance company had a particular medical record, estimate, photograph, or other document before it made its decision.

You want to be able to answer that question.

Ask the Insurance Company to Explain a Denial

If the insurer denies the claim or refuses to pay part of it, ask for the decision in writing.

You should know:

What policy language is the insurer relying on?
What facts support the decision?
What additional information does the company contend it needs?
Is the insurer disputing coverage, damages, causation, or something else?
Is any portion of the claim undisputed?

Those questions can expose whether there is a legitimate disagreement or whether the insurer is simply delaying payment.

Bad Faith After a Car Accident

Insurance bad faith frequently becomes an issue after a serious motor vehicle accident.

The first question is whose insurance company you are dealing with.

If another driver caused the accident and you make a bodily injury claim against that driver’s liability insurer, you are generally a third-party claimant. You ordinarily do not have a statutory claim under C.R.S. §§ 10-3-1115 and 1116 simply because the liability carrier is slow, difficult, or makes a low settlement offer.

Your rights can be very different when dealing with your own insurance company.

For example, you may have a first-party claim involving:

Uninsured motorist coverage.
Underinsured motorist coverage.
Medical payments coverage.
Collision coverage.
Other benefits available under your own policy.

Those claims can create duties that the other driver’s liability insurer does not owe you.

If you were recently injured, our guide on what to do after a car wreck explains several steps you can take to protect your claim.

You can also read our guide on when to hire a personal injury lawyer.

Can You File a Complaint With the Colorado Division of Insurance?

Yes.

The Colorado Division of Insurance accepts consumer complaints concerning insurance companies, agents, and insurance-related conduct.

A regulatory complaint and a lawsuit are different things.

The Division does not become your personal attorney, and filing a complaint does not guarantee that the company will pay the claim.

More importantly, you should not assume that filing a complaint stops a statute of limitations from running.

If you may have a legal claim, address the applicable deadlines separately.

What About ERISA Insurance Plans?

Employer-sponsored benefit plans can create another layer of complexity.

Some employer benefit plans are governed by the federal Employee Retirement Income Security Act, commonly called ERISA.

ERISA can preempt state-law claims in some circumstances, which may prevent a claimant from using Colorado bad faith remedies that otherwise might appear to apply.

Do not assume that every insurance policy connected to employment is governed by the same rules.

The policy, the type of plan, who funded it, and how the benefits are administered can all matter.

Does Colorado Bad Faith Law Apply to Every Type of Insurance?

No.

The statutory provisions contain specific exceptions.

For example, C.R.S. §§ 10-3-1115 and 1116 do not apply to insurance issued under Colorado’s Workers’ Compensation Act. Section 10-3-1115 also excludes title insurance and life insurance from those statutory provisions.

There can also be questions about whether the defendant is legally considered a person “engaged in the business of insurance.”

In Hertz Corp. v. Babayev, decided by the Colorado Supreme Court in 2026, the Court held that a rental car company that offered supplemental insurance through an insurer did not itself become an insurer subject to these statutory and common-law insurance duties merely because of that arrangement.

The identity of the defendant can therefore matter as much as the type of claim.

How McDowell Law Firm Can Help

Insurance disputes often develop inside personal injury cases.

A serious car, motorcycle, or truck accident may begin as a claim against the person who caused the collision. It can later become a dispute with your own insurer over uninsured motorist benefits, underinsured motorist benefits, medical payments coverage, or another part of your policy.

McDowell Law Firm represents injured people in Colorado Springs and throughout El Paso County.

I limit my caseload and remain personally involved in my cases. If an insurance company is refusing to pay a serious injury claim, I can review the policy, the correspondence, the evidence submitted to the insurer, and the timeline of the claim to determine what options may be available.

You can learn more on our Colorado Springs personal injury lawyer page.

If you believe an insurance company is delaying or denying benefits without a legitimate reason, do not let the claim sit indefinitely. Evidence gets harder to organize, and statutes of limitation continue to run.

Frequently Asked Questions

Is every denied insurance claim bad faith?

No. An insurance company can deny a claim when it has a reasonable basis for doing so.

The fact that the insurer is eventually proven wrong does not automatically establish bad faith. The focus is whether the company’s investigation, evaluation, and decision were reasonable under the circumstances.

Can an insurance company delay payment without actually denying my claim?

Yes, but an unreasonable delay can itself violate Colorado law.

An insurer does not avoid potential liability simply by keeping a claim technically “open” while refusing to pay covered benefits without a reasonable basis.

Can my insurance company refuse to pay anything because part of my claim is disputed?

Not necessarily.

Under State Farm v. Fisher, an insurer cannot withhold an undisputed covered benefit merely because another portion of the claim remains reasonably disputed.

How much can I recover for unreasonable delay or denial?

Under C.R.S. § 10-3-1116, a successful first-party claimant may recover reasonable attorney fees, court costs, and two times the covered benefit that was unreasonably delayed or denied.

Other claims, including breach of contract or common-law bad faith, may provide additional remedies depending on the facts.

Do I have a bad faith claim against the other driver’s insurance company?

Usually not under C.R.S. §§ 10-3-1115 and 1116.

Colorado’s statutory definition specifically excludes a person asserting a claim against an insured under a liability policy.

Your relationship with your own insurance company is different.

Do I have to prove that the insurance company intentionally tried to hurt me?

Not for a statutory unreasonable-delay claim.

The statutory issue is whether the insurer acted unreasonably by delaying or denying a covered benefit without a reasonable basis.

A common-law first-party bad faith claim requires an additional showing that the insurer knew its conduct was unreasonable or recklessly disregarded that fact.

How long do I have to file an insurance bad faith lawsuit?

Many Colorado bad faith claims are subject to a two-year statute of limitations, but determining when that period began can be complicated.

Do not simply count two years from the date the insurance company sent its final letter. Accrual may have occurred earlier.

An attorney should review the specific dates in your case.

Important Colorado Insurance Bad Faith Cases

Several Colorado cases are particularly important to understanding these claims:

Schultz v. GEICO Casualty Co., 2018 CO 87. The reasonableness of the insurer’s decision is evaluated based on the information before it when the decision was made.

State Farm Mutual Automobile Insurance Co. v. Fisher, 2018 CO 39. An insurer cannot unreasonably withhold an undisputed covered benefit merely because another portion of the claim remains disputed.

American Family Mutual Insurance Co. v. Barriga, 2018 CO 42. The statutory award of two times the covered benefit is not reduced because the insurer eventually paid benefits that it had unreasonably delayed.

Rooftop Restoration, Inc. v. American Family Mutual Insurance Co., 2018 CO 44. A claim under C.R.S. § 10-3-1116 is not governed by Colorado’s one-year statute of limitations for statutory penalties.

Goodson v. American Standard Insurance Co., 89 P.3d 409 (Colo. 2004). Common-law bad faith can allow recovery of traditional tort damages, including emotional distress damages where supported by the evidence.

Hertz Corp. v. Babayev, 2026 CO 26. A rental car company offering supplemental insurance through an insurer does not thereby assume the statutory or common-law duties of the insurer.

Sources

Friday, October 30, 2026

Plea Bargain vs. Trial: How to Weigh Your Options in Colorado

If you have been charged with a crime in Colorado, one of the biggest decisions you may face is whether to accept a plea bargain or take your case to trial.

There is no simple answer.

A plea bargain gives you some control over the outcome. A trial gives you the opportunity to force the prosecution to prove its case beyond a reasonable doubt. Each option carries risks.

The right decision depends on the evidence against you, the defenses available to you, the exact terms of the plea offer, the possible sentence if you are convicted at trial, and the consequences a conviction could have on the rest of your life.

Before you make that decision, you should understand exactly what you are giving up and exactly what you are getting in return.

McDowell Law Firm

Make an Informed Case Decision

McDowell Law Firm handles criminal defense in Colorado Springs, with tailored strategies informed by attorney Josh McDowell’s experience as a former prosecutor.

Visit McDowell Law Firm

What Is a Plea Bargain?

A plea bargain is an agreement between the prosecution and the defendant.

Typically, the defendant agrees to plead guilty to a criminal offense. In exchange, the prosecutor agrees to provide some benefit.

That could include:

Reducing a felony to a misdemeanor.
Dismissing one or more charges.
Allowing a plea to a less serious offense.
Agreeing to a sentencing cap.
Recommending probation instead of jail or prison.
Agreeing to concurrent rather than consecutive sentences.
Offering a deferred judgment in an appropriate case.

The U.S. Department of Justice describes plea bargaining as an agreement in which a defendant pleads guilty and the government provides something in return.

Colorado also allows a deferred judgment and sentence in some cases. A deferred judgment can be particularly valuable because successful completion may result in withdrawal of the guilty plea and dismissal of the case.

The details matter. Two plea agreements that sound similar can have very different consequences.

What Happens When You Plead Guilty in Colorado?

A guilty plea is a conviction.

When you plead guilty, you give up important constitutional rights, including your right to require the prosecution to prove the case against you beyond a reasonable doubt.

Colorado Rule of Criminal Procedure 11 requires the judge to make sure that you understand the charge, the possible penalties, the rights you are giving up, and the consequences of your plea.

The plea must also be voluntary.

The court will generally ask you questions directly before accepting it.

One important point is that the prosecutor does not sentence you. The judge does.

Whether the judge is bound by a particular sentencing agreement depends on how the plea agreement is structured and whether the court accepts it. A prosecutor’s recommendation is not necessarily the same thing as a guaranteed sentence.

That is why you need to understand the actual language of the plea agreement before accepting it.

Can You Plead Guilty While Maintaining Your Innocence?

Yes, in some circumstances.

Colorado recognizes what is commonly called an Alford plea, based on the U.S. Supreme Court decision in North Carolina v. Alford.

With an Alford plea, a defendant does not necessarily admit committing the offense but agrees to accept a guilty plea and the resulting conviction.

The Colorado Supreme Court has confirmed that an Alford plea may be accepted if the plea is knowing, voluntary, and intelligent.

This is different from simply telling the judge you are innocent and pleading guilty without understanding the consequences.

Colorado also permits a plea of nolo contendere, commonly called “no contest,” with the court’s consent. Our article on no contest versus guilty pleas in Colorado explains the differences.

Plea bargain vs. trial: side by side

Factor	Plea bargain	Trial
Outcome	Agreed in advance (subject to judge’s approval)	Decided by jury or judge
Burden of proof	Not tested; you admit guilt	Prosecution must prove guilt beyond a reasonable doubt
Sentencing risk	Often narrower and more predictable	Wider range; no negotiated cap
Rights	Trial rights waived	Trial rights preserved
Timing	Usually faster	Usually slower
Record	Conviction (unless deferred or dismissed terms apply)	Acquittal means no conviction; guilty verdict means conviction
Appeal	Very limited after a plea	Available after a conviction

The table is a general framework. Colorado law sets different consequences for different offenses, so the details for your charge will vary.

What Happens If You Go to Trial?

Going to trial means the prosecution has to prove the case.

You remain presumed innocent unless and until the prosecution proves every required element beyond a reasonable doubt.

At trial, the defense can challenge the prosecution’s evidence through:

Cross-examination.
Witness testimony.
Expert testimony.
Physical evidence.
Video or audio evidence.
Challenges to scientific testing.
Attacks on witness credibility.
Constitutional defenses.
Other evidence supporting the defense.

You also have the right not to testify.

The jury cannot require you to prove your innocence. The burden stays with the prosecution.

That distinction is important.

A criminal trial is not about deciding which side’s story sounds slightly more believable. The prosecution carries the highest burden of proof used in our legal system.

Much of a Criminal Case Is Decided Before Trial

People understandably think about cross-examination, witnesses, and closing arguments when they think about trial.

But much of the real work happens before the jury ever enters the courtroom.

That can include reviewing:

Police reports.
Body camera footage.
Dash camera footage.
911 recordings.
Witness interviews.
Laboratory reports.
Medical records.
Cell phone evidence.
Search warrants.
Breath or blood testing records.

The defense may also file motions challenging evidence.

For example, if police stopped a vehicle without sufficient legal justification, evidence obtained after the stop may potentially be suppressed.

The distinction between reasonable suspicion and probable cause can become critical in determining whether evidence is admissible.

A case that looks strong when you first read the police report can look very different after the evidence has been examined carefully.

Plea Bargain vs. Trial

Here are some of the major differences.

Plea Bargain

A plea usually provides more certainty.

You generally know:

What charge you are pleading to.
Which charges will be dismissed.
What the prosecution will recommend.
Whether there is an agreed sentencing cap.
Whether probation is available.
Whether a deferred judgment is part of the agreement.

You also give up your right to trial.

Trial

At trial, the outcome is uncertain.

You may be acquitted completely.

You may also be convicted of the original charges and face a sentence substantially greater than the resolution offered before trial.

That risk has to be evaluated against the strength of the prosecution’s case and the potential defenses.

Does Taking a Plea Mean You Will Get a Lighter Sentence?

Often, but not always.

The prosecution frequently makes plea offers that reduce a defendant’s potential exposure.

For example, a prosecutor might offer:

A misdemeanor instead of a felony.
Probation instead of possible incarceration.
One conviction instead of several.
A reduced sentencing range.

But you should never assume that “taking the plea” automatically means probation or no jail.

Read the agreement.

You need to know whether the sentencing provision is:

A binding term of the agreement.
A sentencing cap.
A joint recommendation.
A recommendation from the prosecutor.
Completely open to the judge.

Those are very different agreements.

What Is the “Trial Penalty”?

The term “trial penalty” describes the difference between the punishment offered in a plea bargain and the punishment someone may face after being convicted at trial. It’s not a real penalty per se, it is the potential difference in sentence between a plea bargain and what may happen at trial. Sometimes that gap is very large, making a plea bargain appear very favorable.

Suppose, for example, the prosecution offers probation in exchange for a guilty plea, but a conviction at trial could expose the defendant to several years in prison.

That difference creates powerful pressure to accept the plea.

This does not necessarily make the plea offer improper. Prosecutors can consider the certainty and efficiency created by a negotiated resolution.

But the size of the difference matters when deciding what to do.

The question should not simply be:

“How much less punishment do I get if I plead guilty?”

The better questions are:

“What is the prosecution actually capable of proving?”

“What defenses do I have?”

“What evidence can be excluded?”

“What happens if I win?”

“What happens if I lose?”

“What exactly am I receiving in exchange for giving up my right to trial?”

Most Criminal Cases Do Not Go to Trial

Most criminal cases resolve without a trial.

Statistics and percentages will vary by jurisdiction and region. But no prosecutor could potentially take a majority of their cases to trial. It would clog up the Judicial system and require exponentially more Judges and prosecutors to afford every case a trial. This is one reason that plea bargains are quite common: to keep cases moving through the system.

As a young DA, I was in a division with over 1,000 open cases. No one could possibly try 1,000 cases in a 6-month speedy trial period. Speedy trial is 180 days, with each trial taking an average of 1.5 days in county court, and court is open 5 days a week. My quick math says you could get about 85 cases tried in that time period with one judge and one DA, only doing trials back to back. This, of course, is running the cases back to back, not factoring jury deliberation time, or handling other cases, motions hearings etc. So, even stacking them all back to back, you could only try about 8.5% of the total.

This was just an oversimplified calculation to show that with a busy docket it is not possible to take even a significant portion of the cases to trial. There are many other factors, and not all cases are on the same 6-month speedy calendar, but it gives you an idea of how important plea agreements are to keep the system running smoothly. Plea agreements are quite common in every court.

Common does not mean appropriate in every case.

When Might Taking a Plea Make Sense?

A plea offer may deserve serious consideration when the prosecution has strong admissible evidence and the agreement substantially reduces the potential consequences.

For example, an offer may:

Eliminate a felony conviction.
Avoid mandatory incarceration.
Preserve the possibility of probation.
Dismiss serious additional counts.
Reduce the effect on a professional license.
Avoid a sentence enhancer.
Provide a deferred judgment.
Limit sentencing exposure.

Sometimes the difference between the plea offer and the potential result after trial is substantial.

That has to be considered realistically.

When Might Going to Trial Make Sense?

Trial may make sense when there are significant problems with the prosecution’s case.

Examples could include:

An unreliable witness.
Conflicting witness statements.
Weak identification evidence.
Missing or contradictory video.
Problems with forensic evidence.
A legitimate self-defense claim.
An unlawful search.
An unlawful traffic stop.
Statements obtained in violation of constitutional protections.
Evidence that does not establish one or more elements of the offense.
A defense that the prosecution cannot easily overcome.

There are also cases where the plea offer simply does not provide enough benefit to justify pleading guilty.

If the proposed agreement carries nearly the same consequences as losing at trial, there may be less reason to give up your right to make the prosecution prove the case.

Every case is different.

Consider More Than Jail

One of the biggest mistakes defendants make is looking only at the jail sentence.

A conviction can affect much more.

Depending on the charge, consequences can include:

Probation.
Restitution.
Driver’s license consequences.
Ignition interlock requirements.
Employment problems.
Professional licensing consequences.
Firearm restrictions.
Immigration consequences.
Protection orders.
Treatment requirements.
Registration requirements.
Difficulty sealing the record.

A plea that looks attractive based solely on the sentence may create serious problems somewhere else.

DUI and DWAI Cases

Colorado DUI cases are a good example.

The criminal case is only one part of the problem. A DUI arrest may also create a separate driver’s license proceeding through the Colorado DMV.

Our guide to Colorado DUI, DWAI and UDD penalties explains the possible criminal consequences.

We also explain the separate issue of losing your driver’s license after a Colorado DUI.

A plea agreement in the criminal case does not necessarily solve the DMV case.

Domestic Violence Cases

Colorado domestic violence cases can also carry consequences far beyond the immediate sentence.

The domestic violence designation can affect treatment requirements, protection orders, firearm possession, and future cases.

You can read more about how these cases work on our Colorado Springs domestic violence defense page.

Immigration Consequences

Non-citizens need to be particularly careful before entering a plea.

A criminal disposition that appears relatively minor under Colorado sentencing law can create serious federal immigration consequences.

Immigration consequences should be evaluated before the plea is entered, not afterward.

Can You Wait Until the Day of Trial to Take the Plea?

Do not assume that you can.

Plea practices and deadlines can vary by judge and prosecutor.

This is particularly important in El Paso County.

Some Colorado Springs judges issue case management orders requiring plea agreements to be entered before the trial date. Certain divisions generally will not accept a negotiated plea agreement on the morning of trial except under extraordinary circumstances.

Other divisions may have different procedures.

If you are thinking, “I’ll just see what happens and take the deal on the day of trial if I get nervous,” that option may not exist.

Ask your lawyer:

When does the offer expire?
Can the prosecutor withdraw it?
Does the judge impose a plea deadline?
When is the final pretrial conference?
What happens to the offer once trial preparation begins?

Know the answer before the deadline passes.

Can the Prosecutor Withdraw a Plea Offer?

Generally, a plea offer can change or disappear before it becomes a completed and accepted agreement.

Prosecutors reassess cases as they develop.

New evidence may help the prosecution.

New evidence may hurt it.

Witnesses may become unavailable.

A defense motion may change the admissibility of important evidence.

That is why you should never assume that today’s offer will still exist several months from now.

At the same time, you should not accept a bad plea merely because someone tells you that you will never see another offer.

The offer needs to be evaluated in the context of the evidence.

Why Preparing for Trial Can Lead to a Better Plea Offer

Preparing for trial and negotiating a plea are not opposites.

Trial preparation often creates leverage in negotiations.

When the defense thoroughly investigates a case, problems sometimes emerge.

A witness changes their story.

Video contradicts a police report.

A scientific test has weaknesses.

A constitutional issue becomes apparent.

An expert identifies a problem with the prosecution’s evidence.

A suppression motion threatens an important part of the government’s case.

Those developments can change how the prosecutor values the case.

A prosecutor who believes a case is likely to result in a conviction has little reason to make substantial concessions.

A prosecutor who sees a genuine possibility of losing may evaluate the case differently.

That is one reason we believe criminal cases should be prepared seriously even when a negotiated resolution remains possible.

Our article on how criminal charges can be dropped in Colorado discusses some of the ways cases can change after the initial filing.

Questions to Ask Before Accepting a Plea Bargain

Before entering a plea, you should be able to answer several questions.

What exactly am I pleading guilty to?
Which charges will be dismissed?
What is the maximum possible sentence under the plea?
Is the judge bound by the sentencing agreement?
What sentence will the prosecutor recommend?
What sentence is the defense allowed to request?
What happens if the judge does not follow the recommendation?
What is my realistic sentencing exposure if I lose at trial?
What evidence does the prosecution have?
What weaknesses exist in the prosecution’s case?
Are there motions that could exclude important evidence?
What defenses could be presented at trial?
What happens to my driver’s license?
Could the conviction affect my job or professional license?
Are there immigration consequences?
Are there firearm consequences?
Can the conviction eventually be sealed?
Is a deferred judgment available?
When does the plea offer expire?
What would my lawyer do next if I rejected the offer?

Your lawyer should be able to explain these issues in language you understand.

The Decision to Plead Guilty Belongs to You

Your lawyer can recommend a course of action.

The final decision whether to plead guilty belongs to you.

A criminal defense lawyer’s job is to give you enough information to make that decision intelligently.

That means explaining the good facts and the bad ones.

You should understand what the prosecutor has, what can be challenged, what could happen at trial, and exactly what you are receiving under the plea agreement.

Be cautious of any lawyer who guarantees a dismissal, guarantees an acquittal, or tells you to take a plea without explaining why.

If you are still deciding who should represent you, our guide on how to choose a criminal defense lawyer in Colorado discusses what you should look for.

How We Approach Plea Offers at McDowell Law Firm

I spent several years as a prosecutor before becoming a criminal defense attorney.

That experience matters when evaluating a plea offer because a good defense requires understanding how the prosecution is likely to look at the case.

At McDowell Law Firm, I personally review the evidence, evaluate the possible defenses, negotiate with the prosecutor, and prepare the case for trial when necessary.

I do not believe every case should go to trial.

I also do not believe every defendant should accept the first reasonable-looking offer.

The question is whether the agreement makes sense based on the evidence, the law, the potential sentence, and what matters most to the client.

Sometimes the right result is a negotiated plea.

Sometimes it is a reduction or dismissal.

Sometimes it is trial.

You should know why you are making that decision before you make it.

If you have been charged with a crime in Colorado Springs or El Paso County, you can learn more about our Colorado Springs criminal defense practice.

If your case involves driving under the influence, visit our Colorado Springs DUI defense page.

You can also contact McDowell Law Firm to discuss your case.

Frequently Asked Questions

Is it better to take a plea bargain or go to trial?

It depends on the case. You need to compare the strength of the prosecution’s evidence, the available defenses, the plea offer, the possible sentence after trial, and the collateral consequences of a conviction. There is no rule that a plea is always safer or that trial is always better.

Do you usually get a lighter sentence if you plead guilty?

A plea agreement often reduces sentencing exposure, but that depends on the terms of the agreement. Some agreements contain specific sentencing limits. Others merely contain a recommendation from the prosecution. You need to know exactly what the judge can still impose.

Can a judge reject a plea bargain in Colorado?

The court plays an important role in accepting a plea and imposing sentence. Colorado Rule of Criminal Procedure 11 specifically addresses when sentencing representations may bind the court. The effect of a proposed sentencing agreement depends on its terms and whether the court approves it.

Can I plead guilty even if I say I am innocent?

Colorado recognizes Alford pleas in appropriate circumstances. An Alford plea allows a defendant to enter a guilty plea while maintaining innocence. It still results in a conviction and must satisfy the legal requirements for a valid plea.

Can I accept the plea bargain on the morning of trial?

Maybe, but you should never count on it. Colorado courts and individual judges can establish plea deadlines. Some El Paso County divisions generally do not accept plea agreements on the day of trial except in extraordinary circumstances.

Can the prosecutor take back a plea offer?

A plea offer can generally change or be withdrawn before it becomes a completed plea agreement accepted by the court. You should ask your lawyer whether the offer has an expiration date and whether any upcoming hearings affect it.

Do most criminal cases go to trial?

No. Most criminal cases resolve without trial. That fact alone does not tell you whether you should plead guilty. Your decision should be based on your own evidence, defenses, potential consequences, and plea offer.

What happens if I reject a plea bargain and lose at trial?

You will be sentenced based on the offense or offenses for which you are convicted, subject to Colorado sentencing law and the particular facts of your case. You generally will no longer have the benefit of the earlier negotiated plea agreement. The difference between the plea offer and potential post-trial sentence is one of the risks you should discuss carefully with your attorney.

Tuesday, November 3, 2026

Vehicular Homicide in Colorado: Charges, Penalties, Defenses

1. Vehicular Homicide by Reckless Driving

2. Vehicular Homicide by DUI

3. Vehicular Homicide by DWAI

Does a BAC of 0.08 Automatically Prove Vehicular Homicide?

What Is the Difference Between Vehicular Homicide, Manslaughter, and Criminally Negligent Homicide?

Reckless Driving Versus Criminal Negligence

What Changed in Colorado’s Vehicular Homicide Laws in 2026?

Criminally Negligent Driving Is Now Expressly Included in the Homicide Statute

The Legislature Repealed a Misdemeanor Provision for Fatal Accidents Involving Mobile Devices

Driver’s License Consequences Were Expanded

What Are the Penalties for Vehicular Homicide in Colorado?

Is Prison Mandatory for Vehicular Homicide?

How Do You Defend a Vehicular Homicide Charge?

1. Was the Driver Actually Reckless?

2. Was the Driver Actually Under the Influence?

3. Did the Defendant’s Driving Actually Cause the Death?

4. Was the Driving a Voluntary Act?

5. Was the Evidence Obtained Legally?

Can You Lose Your Driver’s License After a Vehicular Homicide Charge?

What Should You Do if You Are Being Investigated for Vehicular Homicide?

Vehicular Homicide Defense Lawyer in Colorado Springs

Frequently Asked Questions About Vehicular Homicide in Colorado

How many years can you get for vehicular homicide in Colorado?

Can you get probation for vehicular homicide in Colorado?

Can you be charged with vehicular homicide if you were sober?

Is vehicular homicide the same as vehicular manslaughter?

Is vehicular homicide always a felony?

What if the other driver caused the accident?

Can a vehicular homicide charge be reduced or dismissed?

What is the new Colorado vehicular homicide law for 2026?

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Monday, November 2, 2026

Juvenile Detention in Colorado: How It Works and What Families Should Know

What Does Juvenile Detention Mean in Colorado?

Juvenile Detention in Colorado Springs

Who Can Be Placed in Juvenile Detention?

Can a 10-, 11-, or 12-Year-Old Be Put in Juvenile Detention?

Presumptions in Serious Cases

Does My Child Get a Lawyer at the Detention Hearing?

What Can Happen at the End of the Detention Hearing?

What Should Parents Bring to a Detention Hearing?

How Long Can a Juvenile Stay in Detention?

Pretrial Detention

A Detention Sentence After Adjudication

Commitment to DYS

Is Juvenile Detention the Same as Jail?

What Is Daily Life Like in Juvenile Detention?

What Parents Should Do After a Juvenile Arrest

1. Get an attorney involved early.

2. Do not let your child discuss the facts of the case.

3. Find out why detention was recommended.

4. Build a realistic supervision plan.

5. Tell the attorney about medical or mental-health concerns.

6. Preserve evidence.

7. Do not contact the alleged victim to “work things out.”

What I Look at When a Child Is Detained

What Happens After the Detention Hearing?

How McDowell Law Firm Handles Juvenile Cases

Frequently Asked Questions About Juvenile Detention in Colorado

Can my child be released after being arrested?

How quickly does my child get a detention hearing?

Does my child get a lawyer at the detention hearing?

What does the judge have to find to keep my child detained?

Can a 12-year-old be placed in juvenile detention?

How long can my child stay in juvenile detention?

Where are juveniles detained in Colorado Springs?

Is juvenile detention an adult jail?

Should I hire a lawyer before the detention hearing?

Sources

Sources

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Colorado Insurance Bad Faith Claims: What Happens When an Insurer Won’t Pay

What Is Insurance Bad Faith in Colorado?

Colorado Has Two Main Types of Insurance Bad Faith Claims

Common-Law Insurance Bad Faith

Statutory Unreasonable Delay or Denial

Who Is a First-Party Claimant?

An Insurance Company Cannot Hold Undisputed Benefits Hostage