Restitution in Colorado Criminal Cases: What You May Owe and How to Fight It

If you’re facing criminal charges in Colorado, you probably have questions about jail time, probation, fines, and whether you’ll end up with a criminal record. But there’s another part of sentencing that can have a significant financial impact: restitution.

Restitution is money a court orders you to pay for financial losses caused by a crime. Depending on the allegations, that amount could be a few hundred dollars or tens of thousands.

Here’s something you should understand before accepting a plea bargain: Just because a prosecutor requests a particular amount of restitution doesn’t mean you’re legally obligated to pay it.

The prosecution has to establish that the claimed losses are legally recoverable, that your criminal conduct caused them, and that the requested amount is supported by the evidence.

I’ve practiced criminal law in Colorado Springs since 2004, first as a Deputy District Attorney and now as a criminal defense attorney. I’ve seen restitution become a major issue in cases where the defendant was initially focused almost entirely on avoiding jail.

Understanding the potential restitution before you plead guilty can save you from a financial obligation that follows you for years.

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What Is Restitution in a Colorado Criminal Case?

Restitution is a court-ordered payment intended to compensate a victim for certain financial losses resulting from criminal conduct.

Colorado’s restitution laws are primarily found in C.R.S. §§ 18-1.3-601 through 18-1.3-603.

Unlike a criminal fine, which is imposed as punishment, restitution is intended to reimburse victims for actual economic losses.

For example, if someone is convicted of criminal mischief or theft, restitution might include the value of stolen property or the cost of repairing damaged property.

In an assault case, it might include medical expenses.

In a DUI case involving an accident, restitution may include certain financial losses associated with the collision, although insurance coverage and the nature of the conviction can significantly affect what is recoverable.

Restitution is part of criminal sentencing. It isn’t a separate civil lawsuit, although victims and insurers may have separate civil remedies.

Colorado’s definition of conviction for restitution purposes also includes deferred judgments and deferred adjudications, subject to the statutory provisions governing successful completion.

What Types of Losses Can Be Included in Restitution?

Under C.R.S. § 18-1.3-602, restitution generally includes financial losses proximately caused by criminal conduct that can reasonably be calculated and compensated with money.

Depending on the case, those losses may include:

• Medical bills and treatment expenses.

• Repair costs for damaged property.

• The value of stolen or destroyed property.

• Certain lost wages resulting from an injury.

• Towing and other accident-related expenses.

• Reasonably established future treatment expenses.

• Certain investigative expenses.

• Interest or loss of use of money.

• Other measurable economic losses directly attributable to the offense.

The key issue is causation.

The prosecution must prove that the claimed loss was proximately caused by the criminal conduct for which restitution is legally authorized.

That becomes important when a victim claims losses that existed before the incident, are unrelated to the offense, or are based on assumptions rather than supporting evidence.

What Restitution Does Not Cover

Colorado law expressly excludes several categories of damages from criminal restitution.

These include:

• Physical pain and suffering.

• Mental pain and suffering.

• Loss of enjoyment of life.

• Loss of consortium.

• Loss of future earnings.

• Punitive damages.

Those categories may be relevant in a civil lawsuit, but they are generally not recoverable through Colorado’s criminal restitution process.

One distinction deserves attention.

Lost wages and lost future earnings are not necessarily the same thing.

For example, a victim who misses six weeks of work following an assault may be entitled to restitution for proven lost wages. But a claim for earnings the victim expects to lose years into the future falls within the statutory exclusion for loss of future earnings.

That distinction can make a significant difference in the amount requested.

Colorado Changed the Rules for Insurance Companies in 2026

One of the most significant recent changes to Colorado restitution law concerns insurance companies.

House Bill 26-1017 was signed into law on April 2, 2026, and took effect on August 12, 2026.

Before this change, insurance companies could often seek criminal restitution for payments they made to their policyholders.

The new law substantially limits that practice.

Under HB 26-1017, restitution generally excludes losses for which a victim may be compensated through private insurance, except for workers’ compensation insurance.

You can review the legislation here: Colorado HB 26-1017.

How Does a Colorado Court Determine Restitution?

Colorado law requires nearly every qualifying criminal conviction to address restitution.

Under C.R.S. § 18-1.3-603, the sentencing court generally must enter one or more of four types of restitution orders.

1. An order requiring payment of a specific restitution amount.

2. An order establishing an obligation to pay restitution, with the specific amount determined later.

3. An order requiring payment for the actual costs of certain future treatment.

4. A finding that no victim suffered a qualifying financial loss and no restitution is owed.

The second option is common.

A defendant may be sentenced while the final amount of restitution remains unresolved.

That doesn’t mean the prosecution has unlimited time to submit a request.

Colorado law establishes deadlines for both the prosecutor and the court.

What Are the Deadlines for Restitution in Colorado?

Colorado changed its restitution deadlines in 2025.

House Bill 25-1304, effective May 30, 2025, established a new process for defendants sentenced on or after that date.

Under the revised law:

The prosecutor generally has 63 days after the order of conviction to submit restitution information if the information was not available beforehand.

The court may extend that deadline when it finds extenuating circumstances affecting the prosecutor’s ability to determine restitution.

The court generally must determine the specific restitution amount within 63 days after the prosecution submits its information, or within 63 days after the order of conviction, whichever is later.

The court may extend its deadline for good cause.

For defendants sentenced before May 30, 2025, the former 91-day provisions generally govern.

These deadlines are important because the prosecution cannot simply ignore the statutory process and request restitution whenever it chooses.

But an untimely request doesn’t automatically mean the defendant owes nothing.

The specific court orders, extensions, objections, and actions of the parties all matter.

What Happens If the Restitution Deadline Is Missed?

Two Colorado Supreme Court decisions from 2025 are particularly important.

In Snow v. People, 2025 CO 32, the sentencing court improperly deferred the issue of restitution in its entirety and later entered an untimely restitution order.

The Colorado Supreme Court held that the sentence was unauthorized because the court failed to enter one of the restitution orders required by statute.

The Court ordered the subsequent restitution order vacated and directed the trial court to enter an order reflecting that no restitution was owed.

But there is another side to the issue.

In People v. Roberson, 2025 CO 30, the Supreme Court held that a defendant can waive the statutory deadline.

In that case, the defendant did not object when the court scheduled proceedings beyond the deadline, requested multiple continuances, and waited until long after the deadline had passed before raising the issue.

The Supreme Court concluded that her conduct constituted a waiver.

These decisions illustrate why restitution deadlines should be evaluated carefully.

If the prosecution misses a deadline, I want to know why. Was an extension requested? Did the court make the necessary findings? Did defense counsel object? Did the defendant agree to additional time?

Those questions may determine whether a restitution order can be challenged.

Do You Have the Right to Attend?

Yes.

In People v. Martinez Rubier, 2024 COA 67, the Colorado Court of Appeals confirmed that defendants have a due process right to be present at restitution hearings.

A defendant can waive that right, but the waiver must be knowing, intelligent, and voluntary.

Defense counsel cannot simply waive the defendant’s right to attend without the defendant’s authorization.

In Martinez Rubier, the Court of Appeals reversed a restitution order because the trial court conducted a hearing without adequately establishing that the defendant had waived his right to be present.

If you have a restitution hearing scheduled, you should discuss attendance with your attorney and make sure your rights are protected.

How I Evaluate a Restitution Request

When the prosecution submits a restitution request, I look closely at several issues.

Causation. Did the defendant’s conduct actually cause the claimed loss?

Documentation. Does the prosecution have records supporting the amount, or is it relying on estimates or unsupported assertions?

Preexisting losses. Is the victim seeking compensation for damage or expenses that existed before the incident?

Reasonableness. Are the claimed expenses related to the offense and supported by the evidence?

Insurance. Does the 2026 insurance legislation limit or prohibit the requested restitution?

Scope of conviction. Does the request involve acquitted, uncharged, or dismissed conduct outside the scope of a valid restitution agreement?

Deadlines. Did the prosecution and court comply with the statutory deadlines?

Duplicate recovery. Has the victim already received compensation that should be considered under the governing law?

These issues can make a significant difference.

A restitution request should be examined rather than accepted simply because a prosecutor submitted it.

Can a Restitution Order Be Changed Later?

Sometimes.

Colorado law permits certain corrections or modifications of restitution orders, but it does not give the prosecution an unrestricted right to increase restitution after the statutory process is complete.

The statute allows certain adjustments involving newly discovered victims or losses, payments already made, and other specifically authorized circumstances.

The timing and procedural posture of the case matter.

If restitution has already been ordered and you believe the amount is incorrect, your attorney should evaluate whether a statutory correction, appeal, or other appropriate legal remedy remains available.

Do not assume that the court can reopen restitution indefinitely.

How Much Interest Is Charged on Colorado Restitution?

Colorado generally imposes simple interest on unpaid restitution at an annual rate of 8%.

Under C.R.S. § 18-1.3-603(4), interest ordinarily begins accruing when the restitution order is entered.

The Colorado Judicial Branch calculates interest monthly based on the outstanding principal balance.

For example, consider a $10,000 restitution order.

At 8% simple annual interest, that produces $800 in interest over a year if the principal remains unchanged.

That’s approximately $66.67 per month.

The larger the unpaid principal balance, the more interest accumulates.

There are statutory exceptions.

For families dealing with juvenile charges, my juvenile criminal defense page explains other important differences between juvenile and adult criminal proceedings.

What If You Cannot Afford to Pay Restitution?

Many defendants cannot pay the full restitution amount immediately.

That does not automatically eliminate the obligation.

Colorado courts have collection procedures that allow qualifying defendants to establish payment arrangements based on their circumstances.

A Collections Investigator may review your income, expenses, employment, and financial resources.

If you cannot pay the full amount, take the collection process seriously.

Provide accurate financial information, keep records of your payments, and communicate promptly if your circumstances change.

The court may also impose authorized collection fees and other costs.

Can You Go to Jail for Not Paying Restitution?

You cannot constitutionally be incarcerated solely because you genuinely lack the financial ability to pay.

However, an intentional refusal to comply with lawful payment obligations can create additional problems.

If restitution is a condition of probation, nonpayment may lead to allegations of a probation violation.

The distinction between someone who cannot pay and someone who willfully refuses to pay is legally significant.

If a probation revocation is based on failure to pay restitution, the court must consider the applicable constitutional protections and circumstances surrounding nonpayment.

For more information, read Probation Violations in Colorado.

If you are struggling with payments, do not ignore the court or your probation officer.

Get legal advice before a missed payment develops into a larger problem.

What Happens If You Do Not Pay Restitution?

Unpaid restitution can remain enforceable for years.

Depending on the circumstances, Colorado’s collection process may include:

• Wage garnishment.

• Liens against property.

• Interception of state tax refunds or other qualifying payments.

• Referral to collection agencies.

• Additional collection expenses.

• Other enforcement proceedings authorized by law.

Restitution does not necessarily disappear when probation ends.

It also generally survives criminal record sealing.

A restitution balance may affect eligibility for sealing in some cases, depending on the applicable statute.

The practical point is simple.

If the court orders restitution, you need to understand the amount, how it will be collected, and what options you have if payment becomes difficult.

Does Restitution Affect Plea Bargaining?

Absolutely.

Restitution should be part of the conversation before you accept any plea agreement.

Consider a defendant who receives an offer allowing probation instead of jail.

On its face, that may sound like a favorable resolution.

But suppose the agreement also requires $30,000 in restitution.

Now the defendant must evaluate the financial consequences along with the criminal penalties.

I also want to know whether the restitution amount is fixed in the plea agreement or will be determined later.

If the amount is left open, a defendant may plead guilty without knowing the full financial obligation.

Sometimes the parties can negotiate a specific amount or otherwise narrow the issues. In other cases, restitution must be litigated.

The facts, the charges, the statutory requirements, and the available evidence determine what is possible.

This is especially important in theft and property crime cases, where the alleged financial loss may be one of the central issues in the prosecution.

The best time to address restitution is before a plea is entered, not after sentencing.

How to Challenge a Restitution Request in Colorado

If you’re facing a restitution claim, there are several things you should do.

1. Find out what the prosecution is requesting.

Ask your attorney for the amount claimed and the documentation supporting it.

2. Review the evidence.

Invoices, repair estimates, medical records, employment records, and photographs may all be important.

3. Identify unrelated expenses.

Look for preexisting property damage, medical conditions, duplicate charges, or expenses unrelated to the offense.

4. Review the plea agreement.

Determine whether you agreed to pay restitution for dismissed charges or other conduct.

5. Check the deadlines.

The prosecution and court must follow the applicable statutory procedures. A timely objection may be critical.

6. Request a hearing when appropriate.

If the prosecution cannot substantiate the claimed losses or there is a legitimate legal dispute, a restitution hearing may be necessary.

7. Understand the consequences before accepting an amount.

A restitution order can create a substantial financial obligation, including interest and collection costs.

Do not agree to a restitution figure simply because it appears in a prosecutor’s paperwork.

Colorado Springs Criminal Defense Attorney for Restitution Disputes

I’ve represented people charged with crimes in Colorado Springs and El Paso County since 2007.

Before becoming a defense attorney, I worked as a Deputy District Attorney in the Fourth Judicial District, where I handled restitution issues for victims.

That experience gives me an understanding of how criminal cases are prosecuted, how plea agreements are negotiated, and how restitution requests are assembled.

When I represent a client, I review the evidence and evaluate the legal and financial consequences of the proposed resolution.

If restitution is disputed, I want to know whether the amount is supported, whether the requested losses are legally recoverable, and whether the prosecution has complied with Colorado law.

My goal is to protect my client’s rights and pursue the best result available under the circumstances.

If you’ve been charged with a crime in Colorado Springs or El Paso County, or you need representation concerning a disputed restitution order, contact McDowell Law Firm.

Call 719-227-0022 to schedule a free consultation.

You can also read what to expect during a free consultation.

Frequently Asked Questions About Colorado Restitution

Is restitution mandatory in every Colorado criminal case?

Most qualifying criminal convictions must address restitution, but that does not mean every defendant must pay it. If no victim suffered a legally recoverable financial loss, the court may enter an order finding that no restitution is owed. The statute also contains limited exceptions to its general requirements.

Can restitution be ordered after sentencing?

Yes, if the sentencing court enters an appropriate restitution order and the prosecution and court comply with the applicable statutory procedures and deadlines.

How long does the prosecution have to request restitution?

For defendants sentenced on or after May 30, 2025, the prosecution generally must submit the information before the order of conviction or within 63 days afterward if the information was unavailable, subject to statutory extensions. The court has a separate 63-day deadline calculated under C.R.S. § 18-1.3-603.

Can you challenge the amount of restitution?

Yes. The prosecution must establish the required causal connection and the amount of legally recoverable loss. You may dispute the evidence and request an appropriate hearing.

Can you be ordered to pay restitution for dismissed charges?

Potentially. A defendant may expressly agree to restitution involving dismissed charges as part of a valid plea agreement. The specific language matters.

Does insurance eliminate restitution?

Not in every case. Colorado’s 2026 legislation generally excludes losses compensable through private insurance, but exceptions exist for workers’ compensation, certain deductibles, and insurers that qualify as direct victims. The applicable law and effective date must be considered.

Does restitution accrue interest?

Generally, yes. Colorado imposes simple interest at 8% annually on unpaid restitution, subject to statutory exceptions.

Does restitution go away when probation ends?

Generally, no. Unpaid restitution can remain enforceable even after probation terminates.

Can restitution prevent your criminal record from being sealed?

Potentially. Depending on the case and applicable sealing statute, unpaid restitution may affect eligibility or the timing of sealing.

Can I go to jail if I genuinely cannot afford restitution?

The Constitution prohibits incarceration solely because of genuine inability to pay. However, willful failure to comply with lawful payment obligations can have serious consequences, including revocation proceedings.

Should I hire a lawyer to challenge restitution?

If the amount is substantial, the documentation is questionable, the claimed losses are disputed, or the prosecution may have missed a deadline, having an attorney review the request can be important.

A restitution order may affect your finances long after the criminal case ends.

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Colorado Restitution Laws and Cases

• C.R.S. § 18-1.3-602, Restitution Definitions

• C.R.S. § 18-1.3-603, Assessment of Restitution

• HB 26-1017, Criminal Restitution Prohibited for Insurers

• HB 25-1304, Extension of Restitution Deadlines

• Snow v. People, 2025 CO 32

• People v. Roberson, 2025 CO 30

• People v. Martinez Rubier, 2024 COA 67

• Colorado Judicial Branch, Restitution Information

This article provides general information about Colorado law as of November 2026. It is not legal advice for your individual circumstances. Reading this article does not create an attorney-client relationship.

The post Restitution in Colorado Criminal Cases: What You May Owe and How to Fight It first appeared on McDowell Law Firm.

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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:

1. Reckless driving that proximately causes another person’s death.

2. Driving under the influence of alcohol or drugs that proximately causes another person’s death.

3. 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

• C.R.S. Section 18-3-106, Colorado Revised Statutes

• Colorado model jury instructions, Chapter 3-1 Homicide and Related Offenses

• SB26-072 Increased Penalty for Vehicular Homicide and Assault, Colorado General Assembly

• SB 26-072 Fiscal Note, Colorado General Assembly

• Fiscal Notes Considerations for Bills with Criminal Justice System Impacts, Colorado General Assembly

• People v. Deadmond, Colorado Supreme Court

• The DUI Process, Colorado Department of Revenue Motor Vehicle Division

• DR 2316 Financial Responsibility Requirements, Colorado DMV

Recommended

• Colorado Careless Driving Lawyer

• When Does a Traffic Ticket Become a Criminal Charge in Colorado

• What Happens on DUI Charges in Colorado?

from McDowell Law Firm https://mcdowellfirm.com/vehicular-homicide-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

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.

McDowell Law Firm

Get Guidance When Your Child Is Detained

McDowell Law Firm represents people facing criminal charges and uses tailored strategies to help families navigate complex cases.

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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.

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

• Colorado Juvenile Justice Systems, Colorado General Assembly, January 2026

• Division of Youth Services, Colorado Department of Human Services

• Division of Youth Services FAQs, Colorado Department of Human Services

• C.R.S. § 19-2.5-304, Colorado Revised Statutes (2025)

• C.R.S. § 19-2.5-305, Colorado Revised Statutes

• Colorado Judicial Department directive on juvenile representation

• Human Rights Watch

• How Cash Bail Alternative Programs Work in 2026

Recommended

• Navigating the Colorado Juvenile Justice System

from McDowell Law Firm https://mcdowellfirm.com/juvenile-detention-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

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

You buy insurance because you expect the company to be there when you need it. You pay the premiums. You submit a legitimate claim. The insurance company should investigate it fairly and pay covered benefits within a reasonable time.

Unfortunately, that does not always happen.

Colorado law prohibits an insurance company from unreasonably delaying or denying covered benefits owed to a first-party claimant. Depending on the facts, an insured may have both a common-law bad faith claim and a statutory claim under C.R.S. §§ 10-3-1115 and 10-3-1116.

Those claims are related, but they are not identical. The proof is different, and the damages can be different.

If you believe your insurance company is delaying payment, ignoring evidence, changing its reasons for denial, or refusing to pay benefits that should be covered, it is important to understand the difference.

This article discusses Colorado insurance bad faith generally. It is not legal advice about a particular insurance claim.

McDowell Law Firm

Get Guidance on an Insurance Dispute

McDowell Law Firm handles personal injury cases and offers personalized legal representation for people navigating high-stakes claims.

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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:

1. The insurance company’s conduct was unreasonable.

2. 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:

1. Your complete insurance policy, including the declarations page and endorsements.

2. Every letter from the insurance company.

3. Every email with the adjuster.

4. Screenshots or copies of claim-portal messages.

5. Medical records or other documents you submitted.

6. Repair estimates.

7. Medical bills.

8. Wage-loss documentation.

9. Photographs and videos.

10. Copies of demand letters.

11. Written explanations of coverage decisions.

12. 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

• Colorado Judicial Branch: Bad Faith Breach of Insurance Contract (Chapter 25)

• Schultz v. GEICO Casualty Company (Colorado Supreme Court, 2018)

• C.R.S. 10-3-1116, Remedies for Unreasonable Delay or Denial of Benefits

• Weatherill v. State Farm, No. 23CA1172 (Colorado Court of Appeals, 2026)

• Cases of Note, Colorado General Assembly

• Colorado Division of Insurance: File a Complaint

Recommended

• What to Do If You’re Hit by an Uninsured Driver in Colorado

• Car Accident Attorney in Colorado Springs

from McDowell Law Firm https://mcdowellfirm.com/bad-faith-insurance-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/