SAVA Center - Victim Rights

Defendants have the Right to Remain Silent...
VICTIMS HAVE THE RIGHT TO BE HEARD.

REFERENDUM A - Passed by an 87% majority of Colorado voters in November, 1992.

Any person who is a victim of a criminal act or such person is designee, legal guardian, or surviving immediate family member if such person is deceased, shall have the right to be heard when relevant, informed and present at all critical stages of the criminal justice process.

Victims and witnesses have a right to be treated with dignity and compassion.
Victims and witnesses have a right to protection from intimidation and harm.
Victims and witnesses have a right to be kept informed about various phases of their case, including investigation, prosecution, trial and sentencing.
Victims have a right to provide information and input into the criminal justice process, especially at such key points as plea-bargaining, sentencing, and parole release hearing.
Victims have a right to restitution as a condition of sentencing,
Victims have a right to the speedy return of their property used as evidence.
Victims have a right to notification from officials about arrest, release of defendants, time and location of legal proceedings, time and location of trials, continuances or delays in trial proceedings, sentencing, and parole hearings.
Victims and families have the right to be informed about eligibility for state crime compensation or financial support, where applicable, and the right to be helped in completing application forms in a timely manner when applicable.
It is a victim's or survivor's right to request and utilize the services of the Victim Assistance Program.

RIGHTS FOR VICTIMS OF VIOLENT CRIME:

To be treated with fairness, respect and dignity throughout criminal justice proceedings.
To be informed of and present for all critical stages of the criminal justice process.
To be informed of the availability of financial assistance, community services, and State crime victim compensation.

During the Prosecution of the Case

To be present and heard in court regarding bail bond, continuances, acceptance of plea negotiations, case disposition or sentencing.
To have a safe place to wait before court.
To talk with the Prosecutor before the case is resolved or goes to trial and to be informed of how it is resolved.
To prepare a Victim Impact Statement and to be present and to be heard at sentencing.
To be informed of the status of your case and any scheduling changes or cancellations if known in advance.
To have restitution ordered.
To be given appropriate employer intercession services regarding court appearances and meetings with criminal justice officials.

YOUR RIGHTS ARE GUARANTEED...
by the Constitution of the State of Colorado, if you are the victim of one of the following crimes:

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 - aggravated incest
CHILD ABUSE
SEXUAL EXPLOITATION OF CHILDREN
CRIMES AGAINST AT-RISK PERSONS
DOMESTIC VIOLENCE
CARELESS DRIVING THAT RESULTS IN DEATH OF ANOTHER PERSON
FAILURE TO STOP AT THE SCENE OF AN ACCIDENT THAT RESULTS IN THE DEATH OF ANOTHER PERSON
HARASSMENT BY STALKING
ETHNIC INTIMIDATION
ANY ATTEMPT, CONSPIRACY, SOLICITATION, OR ACCESSORY OF THE ABOVE LISTED CRIMES

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.

For a complete listing of your rights, please refer to Colorado Revised Statutes 24-4.1-101 through 24-4.1-304.

AVAILABLE SERVICES
As a victim of one of the crimes listed, you may be entitled to the following services:

Immediate crisis intervention and follow-up support
Special services for juvenile, elderly or disabled victims
Referral to public and private individuals and organizations which provide:
Medical and other emergency services
Mental health and social services
Financial assistance
Translation services
Intervention with creditors, landlords and employers
Legal resources
Rehabilitative services
Transportation/Child Care Services
Information about obtaining public records, including police reports
Information about restraining orders, no contact orders, protective orders
Other support services

VICTIM COMPENSATION FUND

This fund consists of money provided through fees levied against persons convicted of felonies, misdemeanors and certain traffic offenses. Persons victimized by crime in Larimer County can apply to the Fund to have certain costs associated with the crime committed against them paid for. Compensable costs include medical, funeral, and counseling expenses as well as residential doors, locks and windows if they are damaged or destroyed during a crime. To be eligible the crime must be reported to law enforcement authorities, you must cooperate fully with the prosecution of the perpetrator, the injury cannot result from your own wrong doing, and application must be made within one year of the offense.

Compliments of the Colorado Eighth Judicial District Attorney's Office.