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I know
that criminal defendants have rights.
Do crime victims have rights?
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What does
the law mean by
"violent crime"?
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How will I know what is going on with my case?
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I have
strong feelings about what has happened to me and what I would like
to see happen with this case. How can I make my voice heard?
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I am a victim in a
criminal case and a “No Contact Order” or mandatory criminal
protection order has been issued in my case.
How do I request that
it be lifted or changed?
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I have
been subpoenaed to testify or am worried I’ll have to testify in my
criminal case.
How can I
prepare and what should I expect?
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I am
concerned about my safety now that I am involved in the criminal
case. How can the criminal court help?
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The police
and the DA in my community have kept me informed about my case, but
will I be informed about what is happening with the perpetrator
after he enters the prison system?
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My
child
was a victim of crime, what should I expect?
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I have property that
was damaged as a result of the crime or I have suffered a financial
loss. Will the defendant have to repay me for my property damage or
my medical bills?
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What is
restitution and how does it work?
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I have
property that was collected as evidence,
when can I get that
property back?
Yes, the Colorado Constitution guarantees certain rights to violent
crime victims, or their designee, legal guardian, or surviving
immediate family. These rights include the right to be informed,
present, and heard at all key stages of the criminal justice
process.
The
complete Victim Rights Act can be viewed
here.
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Colorado Revised Statutes 24-4.1-302 defines crimes covered
under the Victim Rights Act as:
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Murder--1st and 2nd Degree
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Manslaughter
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Criminally
negligent homicide and vehicular homicide
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Assault--1st, 2nd, 3rd Degree, vehicular, on the elderly or
handicapped
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Menacing
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Kidnapping--1st and 2nd Degree
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Unlawful
sexual contact
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Sexual
assault---1st, 2nd, 3rd Degree, on a child, on a child by one in a
position of trust, on a client by a psychotherapist
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Robbery--Aggravated, aggravated of a controlled substance, of the
elderly or handicapped
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Incest and
Aggravated Incest
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Child
abuse
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Sexual
exploitation of children
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Crimes
against at-risk adults or at-risk juveniles
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Crimes
that have been identified by law enforcement, the District Attorney
or the courts as domestic violence
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Stalking
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Bias
motivated crimes (ethnic intimidation)
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Careless driving that
results in the death of another person; failure to stop at the scene
of an accident where the accident results in the death of another
person.
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Criminal
attempt, conspiracy, solicitation or accessory to commit any of the
above crimes
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Tampering
with, Intimidating or Retaliation against a victim or witness
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Indecent
exposure
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You may contact a
Victim Specialist at the DA’s Office with questions you have
regarding the criminal case in which you are a victim. A Victim
Specialist can be reached at 303-441-3700. It is helpful to provide
the name of the defendant and/or the criminal action number when you
call.
As
a victim of violent crime, you have the right to be notified of
critical stages in the case including investigation and arrests,
release of defendants, the time and location of legal proceedings
and trials, prosecution delays, and sentencing. Law enforcement, the
DA's Office, and corrections agencies all have a duty to notify you
about their respective critical phases of the case. You may contact
a Victim Specialist to help you determine who to contact if the
defendant is incarcerated or has already been sentenced.
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As a violent crime
victim you have the right to be treated with fairness, respect and
dignity throughout the criminal justice process. You have the right
to be informed, present and heard in court concerning bond
reduction, reduction of charges, disposition, sentencing or
continuances. Although the DA has a
number of legal and ethical obligations to consider when making
decisions about how to approach cases, your feelings and point of
view are important to both the DA handling the case and the judge
who is presiding over the case. As a violent crime victim, you will
be given the opportunity to complete a Victim Impact Statement, to
provide feedback regarding any plea offer, to attend hearings and
address the judge and DA regarding sentencing or bond, to speak with
the DA before trial and to be informed of the outcome.
If
the defendant has already been sentenced, contact a Victim
Specialist at 303-441-3700 to determine whom you should speak to
about post-sentencing concerns.
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Victim Specialists provide clinics three times per week, during
which you can complete the paperwork to make a request to modify or
lift no contact conditions of bond, criminal protection orders or
sentence. Clinics are held on Mondays at 1 p.m. and Wednesdays at 9
a.m. at the Justice Center on 6th and Canyon in Boulder
and on Fridays at 10 a.m. at the Longmont branch of the DA’s Office
on 10th and Kimbark.
It
is important to note that the judge on the case determines whether
or not to make any changes or lift the no contact order. The DA will
take a position on your request, but the judge makes the final
decision. It will take at least 7-10 business days to receive
the judge’s ruling regarding your request. Until you have been
notified of a ruling on your request that indicates there was a
change to the no contact orders, all orders remain in effect.
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I have been
subpoenaed to testify or am worried I’ll have to testify in my
criminal case. How can I prepare and what should I expect?
As a victim,
your role as a witness is crucial in assuring prosecution. It is
normal to be nervous about testifying, so in order to help you
prepare, the DA and a Victim Specialist will meet with you prior to
your testimony. The following tips will also help you prepare for
your testimony and your appearance in court:
Tips to prepare before you testify:
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Write down questions
or concerns you have and contact a Victim Specialist at 303-441-3700
to discuss them.
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Dress for court.
Dress comfortably and appropriately (shorts, short skirts and
t-shirts are not good choices however, it is not necessary to dress
in a suit). It is often cold in the courtrooms so you may want to
bring a sweater with you.
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The Victim Specialist
will tell you what time you are needed, so be on time, but also be
prepared to wait. The Victim Specialist will do their best to
minimize how much time you have to spend waiting and will keep you
informed about how the case is proceeding.
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Be sure to provide a
good contact phone number so that the DA’s Office can call you with
any scheduling changes.
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Bring books,
magazines, your Ipod or other activities to do while you wait. It
can also be good to bring snacks or drinks for the day.
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Do not bring children
who are not subpoenaed to testify. Contact a Victim Specialist
before the trial date if you are unable to arrange child-care while
you are in court.
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If you are having
trouble arranging transportation, please contact a Victim Specialist
to brainstorm ways to get you to court prepared and on time.
Tips for testifying:
· The DA will protect
and facilitate your testimony. Once you begin to testify, the
prosecutor will do everything possible to make you feel at ease, to
help you move through the story comfortably and logically, and to
help you highlight the main points of your experience
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Be Prepared. Try to
recall what happened and picture the scene and the objects there.
Don't try to memorize your testimony; simply tell what happened in
your own words.
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Always tell the truth.
Don't try and figure out if
your answer will hurt or help the case. If you don't know the
answer, say so. If you give an estimate of time or distance, be sure
everyone knows you're estimating.
· Think before you
speak. Make sure you understand the question. If you don’t
understand the question or need clarification, its ok to ask to have
the question repeated or restated.
· Speak
clearly and loudly enough for everyone in the courtroom to hear you.
Answer questions out loud so that the tape recorder picks them up
rather than nodding your head.
· Be Courteous. Try to
remain calm and do not lose your temper. Always be polite.
· Stop
talking if an attorney objects or if the judge interrupts. Begin
again when the judge tells you to continue. If you have forgotten
the question, ask for it again.
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If you are
asked whether you have discussed the case with anyone, answer
truthfully. It is perfectly ok to have talked with the police,
prosecutor, defense investigator or attorney, family and friends.
· If at some point
you’re feeling overwhelmed, you can always ask for a break or take a
deep breath and pause before you answer.
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After you have
testified, you should not talk with other witnesses about what was
said during the testimony until after the case is completely over.
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As a
violent crime victim, you have the right to be protected from
further intimidation and harm. We believe you are safer when you
work together with the authorities.
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The judge
who sets bond can order the defendant to have no contact with you
(this means he also cannot have any other person contact you for
him) as a condition of bond until the case is resolved.
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If you
provide accurate contact information to law enforcement and jail
authorities, you can be notified if the defendant is released from
custody.
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The judge
may also order the defendant to be supervised during the case and as
a condition may order the defendant not to use alcohol or drugs and
to do substance abuse monitoring.
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The police
will investigate any threats made against you and can make another
arrest after finding enough evidence that another crime has been
committed. They can also put extra patrols in your neighborhood.
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Provided
the DA has been able to prove the case against the defendant or
worked out a guilty plea from the defendant, the DA can ask the
judge to order the defendant to stay away from you while on sentence
or suffer additional punitive consequences from the court.
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Your
participation could be crucial to the District Attorney being able
to prove the case or resolve it with some real consequences and
careful supervision of the defendant.
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If you are
subpoenaed to testify, contact a Victim Specialist to discuss your
responsibilities and concerns. Subpoenas are court orders and you
must obey a subpoena as you would other court orders.
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The Victim
Specialist working on your case will provide a safe area separate
from the defendant, his friends and family to wait, will do their
best to minimize the amount of time you will have to be in court and
will accompany you to court when you testify. You will also have the
opportunity to meet with a Victim Specialist and the DA to talk
about what to expect and to orient you to the courtroom.
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After conviction, and
upon the victim's written request, state and local
correctional authorities must notify the victim about where the
defendant is being held, the projected release date, any release of
the person in advance of that date (such as a furlough, work
release, or community corrections), scheduled parole hearings,
escape, releases from confinement and the conditions of release, and
death of the person while in a correctional facility or program.
The
victim's address, phone, and other personal information will be kept
confidential, again upon request of the victim.
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If you are a parent to a child who is a victim of crime, please
contact a Victim Specialist at, 303-441-3700, to discuss any
questions or concerns you may have. Victim Specialists can also help
connect you to resources and information to support your child and
family throughout the criminal justice process.
Testifying
in Court
The DA’s Office strives to minimize further victimization and
trauma to child victims who are asked to appear in court. If your
child has been ordered to appear and testify, a Victim Specialist
will contact you to set up meetings that will help you and your
child feel safe, comfortable and familiar with the court.
If you are coming
to court, you must be wondering what that will be like. Reading this
will:
Tell you a
lot about what going to court is like and
Make you
feel better because you'll know what to expect.
What is court
anyway?
Court is where a
judge decides whether someone may have broken the law and what
should be done about it. The person who is accused of breaking the
law is the defendant.
Why am I
supposed to go to court?
You will go to court
to tell what you know about someone who is accused of breaking a law
or hurting someone. It is a crime to break the law and hurt someone.
You may have seen the crime or know something about it. That makes
you a witness, and a witness' job is to testify in court about the
truth of what happened.
You may be the person
who was hurt by the crime, so you are a very important witness.
People at the courthouse will thank you for coming to court to tell
what happened to you and for helping to make children safer.
How will I
know what to do or say?
You already told the
police or sheriff about what you know. What you said was very
important, and now it is time for the police and for you to tell a
judge in court about it.
Before you testify,
you and your mom or dad will get to see the courtroom and meet
people who will help you on the day you testify.
That is when
you can ask questions.
One person who can
answer your questions will be your Victim/Witness Specialist. She
will explain about going to court and answer your questions. She
knows you are probably a little scared, and she will stay with you
the whole time.
The Deputy District
Attorney will ask you and the police questions in court so that the
judge learns what happened during the crime. By answering questions,
you will tell what happened. Remember, your job is to tell the
truth.
What if I
don't know the answer to a question?
That's OK. Say that
you don't know. Don't guess. Think about your answer before you give
it. Remember, the truth is the right answer.
If you don't remember
how something happened, say, "I don't remember."
If you don't
understand a question, say "I don't understand the question."
If you are asked if
something happened, and you know that it did not happen, then say
so.
Do I have to
talk in front of the defendant?
The defendant must be
there to hear what all the witnesses say about him. He won't ask the
questions or talk to you. The lawyer for the defendant is called the
defense attorney and he/she will ask you questions after the Deputy
District Attorney does. Answer the defense attorney's questions
carefully and truthfully.
Who will be
with me?
Your mom or dad or
friends or other people who you like to have with you when you are
scared can be at the courthouse with you. They can be inside the
courtroom with you unless they are witnesses too. (Witnesses testify
one at a time and wait outside the courtroom for their turn.) When
we meet with you ahead of time, we will figure out who can be inside
the courtroom and who gets to be there outside the courtroom ready
to give you a hug after you testify. You and everybody else will be
proud that you came and told the truth. Your Victim/Witness
Specialist and the Deputy District Attorney will be with you too.
How long will
I be there?
Testifying does not
take long. Most of the time you will just be waiting for your turn
to testify. You and your family and friends will be given a nice
place to wait, and you can have a soda, watch TV, talk, or play
games.
What should I
wear?
Wear something
comfortable and nice-looking.
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The DA's Office will
ask you to provide information about your uncompensated losses so
that, at the time of sentencing or a disposition, we will have a
basis for asking the judge to order the defendant to pay restitution
as a condition of sentence. If you have uncompensated losses as a
result of a crime and have not received restitution forms that allow
you to detail your losses, please contact a Restitution Coordinator
at the DA’s Office.
In addition, you may
also be eligible to be compensated for some out- of-pocket expenses
through the Victim Compensation Fund.
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What restitution
does cover:
- Property damage-repair costs
- Stolen property/money
- Insurance deductibles
- Rental car expenses
- Medical bills
- Therapy costs
What restitution does not cover:
Restitution
can also reimburse insurance companies, banks, merchants and Victim’s
Compensation.
How is
restitution collected?
Restitution goes into
effect at sentencing.
Probation department sets
defendant up on a payment plan and enforces it.
Court and Probation can also garnish wages, garnish tax returns, send defendant to collections,
etc…
Defendants make payments
to the Court and the Court issues a check to the victim.
The victim and defendant
never have direct contact for restitution.
Restitution order stays in
effect until paid in full.
How does a
victim get restitution?
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Return the “Restitution
Affidavit” to our office.
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Provide two estimates for
damage or insurance information.
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Provide receipts for
property.
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Inventory of property
listed in police report with as many descriptors as possible.
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Remain in contact with our
office, notify of changes in address or contact information.
If you are a victim
of violent crime, the District Attorney’s Office will mail the
restitution forms to you. If you are not a victim of violent crime and
you wish to seek restitution, contact a Restitution Specialist at
303-441-3700.
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Once
your property that was recovered after the crime and placed into
evidence is no longer needed for the prosecution of the case, you will
be able to pick up your belongings from the law enforcement agency.
Contact a Victim Specialist at the DA’s Office for assistance with this
process.
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