Victim’s Assistance

The following will explain your rights as a crime victim and help you understand what will happen next. If the victim is deceased or incapacitated, these rights are guaranteed to the victim’s spouse, parent, child, sibling, grandparent, significant other, or other lawful representative.

LEGAL RIGHTS

The Constitution of the State of Colorado and the laws of this state guarantee certain rights to victims of the crimes listed below.

• Murder – 1st and 2nd degree
• Manslaughter
• Assault – 1st, 2nd, 3rd degree, vehicular, on the elderly or handicapped
• Criminally negligent homicide and vehicular homicide
• Menacing
• Kidnapping – 1st and 2nd degree
• 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
• Robbery – aggravated, aggravated of a controlled substance, of the elderly or handicapped
• Incest and aggravated incest
• Child abuse
• Sexual exploitation of children
• Crimes against at-risk persons
• Domestic Violence
• Careless driving resulting in the death of another person
• Failure to stop at the scene of an accident resulting in the death of another person
• Stalking
• Ethnic intimidation
• Retaliation against a witness or victim
• Tampering with a witness or victim
• Intimidation and aggravated intimidation of a witness or victim
• Any attempt, conspiracy, solicitation, or accessory of the above-listed crimes
• Indecent exposure
• Violation of a criminal protection order issued against a person charged with sexual assault
• First-degree burglary

Rights of Crime Victims

• To be treated with fairness, respect, and dignity;
• To be informed of and present for all “critical stages” of the criminal justice process;
• To be free from intimidation, harassment, or abuse and to be informed about what steps can be taken if there is any intimidation or harassment by a person accused or convicted of the crime or anyone acting on the person’s behalf;
• To be present and heard in court regarding: bond reduction or modification, acceptance of nolo contendere plea or a negotiated plea, sentencing, any modification of a sentence, and any requested modification to the “no contact” provision of criminal protection orders;
• To talk with the District Attorney before the case is resolved and to be informed of resolution;
• To be informed of the status of the case and any scheduling changes or cancellations if known in advance;
• To prepare a Victim Impact Statement and to be present and heard orally and/or in writing at sentencing;
• To have the court determine restitution and be informed of the right to pursue a civil judgment against the person convicted of the crime;To a prompt return of the victim’s property when no longer needed as evidence;
• Given information on community resources and availability of financial assistance;
• To be given appropriate employer intercession services regarding court appearances and meetings with criminal justice officials;
• To have a safe, secure waiting area during court proceedings, where practicable;
• Upon request (can be verbal), to be informed when a person who is accused or convicted of a crime against a victim is released from the county jail;
• To be informed of the process for enforcing compliance with victim’s rights.