Your Rights As A Crime Victim
Every year over 200,000 Coloradans become victims of crime. In 1992 Colorado enacted the Victim Rights Act to give victims of violent crime a more active role in the criminal justice process. The following is a summary of crime victims’ rights afforded under the Colorado Revised Statutes. For a complete list of rights and definitions refer to the links provided at the bottom of this page. While every effort is made to ensure victims’ rights, the court is responsible for ensuring these rights do not infringe on the constitutional rights of the accused. Rights afforded to victims of crime include but are not limited to the right:
- to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process
- to be informed of all "critical stages" of the justice process and to be present for specified stages
- to be informed of decisions to file charges or not to file charges
- to be present and heard regarding bond reduction, or modification, acceptance of negotiated plea agreement, sentencing, or any modification of sentence
- to consult with a district attorney prior to the disposition of the case
- to be informed of the status of the case
- to be informed of any subpoena for a victim’s mental health, school, victim compensation and medical records
- to prevent any party at any court proceeding from testifying about a victim’s contact information unless the court finds a reasonable and articulable need
- to prepare a victim impact statement and to be present and/or heard at sentencing
- at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department, if one is ordered
- to have the court determine restitution
- to pursue a civil judgment against any person for any damages incurred as a result of the crime
- to be informed of the availability of financial assistance and community services
- to be given appropriate employer intercession services regarding court appearances and meetings with criminal justice officials
- to a prompt return of victim’s property no longer needed as evidence (upon request)
- to be assured that in any criminal proceeding, the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings
- whenever practicable, to have a safe, secure waiting area during court proceedings
- to be informed about what steps can be taken by a victim or a witness in case there is any intimidation or harassment by a person accused or convicted of a crime against the victim, or any other person acting on behalf of the accused or convicted person;
- upon written request, to be informed of and heard at any reconsideration of sentence, parole hearing, or commutation of sentence
- to be informed of the results of any court-ordered HIV testing
- upon written request, to be informed of petitions by sex offenders to cease registration
- to be informed of the process for enforcing compliance with the Victim Rights Act
- to prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, or other locating information of the victim unless the victim consents or the court orders disclosure upon a finding that a reasonable and articulable need for the information exists. Any proceeding conducted by the court concerning whether to order disclosure shall be in camera.
Critical Stages
Critical stages in the criminal justice process at which the victim has the right to be informed or heard include:
- The filing of charges against a person accused of a crime;
- The preliminary hearing
- Any bond reduction or modification hearing in which the request is made:*
- For a bond lower than the scheduled or customary amount for the specific charge;
- For a change in the type or condition of a bond;
- For an alternative to a bond; or
- To appear without posting of a bond;
- The arraignment of a person accused of a crime
- Any hearing on motions concerning evidentiary matters or pre-plea or post-plea relief
- Any subpoena for records concerning the victim's medical history, mental health, education, or victim's compensation
- Any disposition of the complaint or charges against the person accused*
- The trial
- Any sentencing hearing*
- Any appellate review or appellate decision
- Any subsequent modification of the sentence
- Any probation revocation hearing
- The change of venue or transfer of probation supervision from one jurisdiction to another
- An attack on a judgment or conviction for which a court hearing is set
- Any petition by a sex offender to terminate sex offender registration
*These stages include the right to be heard
The right to be present or heard may not be construed to imply that any victim who is incarcerated by the department of corrections or any local law enforcement agency has a right to be released to attend any hearing or that the department of corrections or the local law enforcement agency has any duty to transport such incarcerated victim to any hearing.
After Sentencing
Victims of crime have a continuing right to certain information after the conviction of the accused. Upon written request, the Department of Corrections, the Division of Youth Corrections, Probation, state hospitals, or local corrections authorities will notify the victim of the defendant’s status. This would include: current location, transfers, escapes, death while in custody, parole hearings and release dates. Based on the sentence received by the defendant in your case, the District Attorney’s Office will inform you of the appropriate agency to contact for post-conviction information.
Department of Corrections
Inmate Locator System
Department of Youth Corrections
Arapahoe County Sheriff
Douglas County Sheriff
Elbert County Sheriff
Lincoln County Sheriff
Enforcing Your Rights
If you feel you have not received the rights afforded you by law, please contact your victim witness advocate for help in resolving this problem. If you need additional assistance, or wish to file a complaint ,contact the Governor’s Victims’ Coordinating Committee at the Division of Criminal Justice, Office for Victims’ Programs at 303-239-4442 or visit their website at www.dcj.state.co.us.
