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Denver Attorney on 26 Victim Rights

TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.

Commensurate with the guarantees of justice and due process of section 24-4.1-302.5(1) of the Colorado Revised Statutes, the victim of criminal conduct can specifically requests (through counsel and in writing) to exercise and be afforded each statutorily enumerated right under section 24-4.1-302.5(1)(a) through (v) of the Colorado Revised Statutes and to have such rights protected by, and granted with the assistance and support of, the Court, the prosecution, law enforcement, and corrections agencies (both jointly and severally) – not least of which rights include the following:

  1. To be informed of any and all rights the victim has pursuant to the constitution of the United States and the State of Colorado.  See C.R.S. § 24-4.1-302.5(1)(s);  see also C.R.S. § 24-4.1-303(14.5).
  2. To be treated with fairness, respect, and dignity;  to be free from intimidation, harassment, and abuse – particularly by law enforcement, the prosecution, and the victim witness coordinator assigned by the prosecution;  and that the prosecution, law enforcement, the courts, and correctional agencies will take appropriate actions to achieve a swift and fair resolution of all pending matters.  See C.R.S. § 24-4.1-302.5(1)(a);  see also C.R.S. § 24-4.1-302.5(1)(o);  C.R.S. § 24-4.1-303(1).
  3. To be informed of and present (with legal counsel) for all “critical stages” of the criminal justice process.  See C.R.S. §§ 24-4.1-302.5(1)(b), (b.5), and (b.7);  C.R.S. §§ 24-4.1-302(2) et seq.;  see also C.R.S. §§ 24-4.1-303(6)(a), (b), and (c);  C.R.S. §§ 24-4.1-303(11)(b) and (d).
  4. To have the prosecution consult with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, or other dispositions.  C.R.S. § 24-4.1-303(4).
  5. To prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, other locating information, and other personal information of the victim or the victim’s immediate family – unless (1) the victim consents or (2) the court orders disclosure upon a finding that a reasonable and articulable need for the information exists and such disclosure determination and proceeding by the Court is conducted in camera.  See C.R.S. § 24-4.1-302.5(1)(v);  see also C.R.S. § 24-4.1-303(2).
  6. To be protected from harm, harassment, intimidation, and retaliation to either the victim or the victim’s family arising from the victim’s cooperation in the reporting, investigating, or prosecution of a crime that the victim believes to have been committed.  Such protection includes protection from law enforcement and the prosecutor, and the victim has a right to have law enforcement, the prosecution, and the courts (both jointly and severally) protect the victim from such abusive conduct even when it results from (or is caused by) one of these other government agencies or entities.  See C.R.S. § 24-4.1-303(5).
  7. To be informed of any and all pending motions that may substantially delay the prosecution – whether filed by the prosecution, the defense, or any other party;  to inform the court of the victim’s position on such motion;  to have the victim’s objection to the motion heard and considered by the court;  and then to have the court state in writing or on the record (prior to granting or denying said motion) that the victim’s objection was considered by the court.  C.R.S. § 24-4.1-303(3).
  8. To be informed when the defendant is released or discharged from county jail or custody other than county jail;  to be informed when the defendant is placed in or transferred to a less secure public or private correctional facility or program;  to be informed if the defendant escapes or is permanently or conditionally transferred or released from any public, private, or state hospital.  See C.R.S. §§ 24-4.1-302.5(1)(c)(I)(a) and (b);  see also C.R.S. § 24-4.1-302.5(1)(q);  C.R.S. § 24-4.1-302.5(1)(r);  C.R.S. § 24-4.1-303(12)(g);  C.R.S. § 24-4.1-303(14).
  9. To be heard at any court proceeding involving the defendant’s bond, a plea of nolo contendere, a negotiated plea agreement, sentencing of the accused, or any modification of the defendant’s sentence.  See C.R.S. § 24-4.1-302.5(1)(d)(I) through (V);  see also C.R.S. § 24-4.1-303(12)(f).
  10. To consult with the prosecution after any crime against the victim has been charged, prior to any disposition of the case, or prior to any trial of the case, and the right to be informed of the final disposition of the case.  See C.R.S. § 24-4.1-302.5(1)(e);  see also C.R.S. § 24-4.1-303(4).
  11. To be informed by law enforcement (prior to the filing of charges) or by the prosecution (after the filing of charges) of the status of any case concerning a crime against the victim (regardless of whether such case is known to the victim or the victim’s legal counsel) and any scheduling changes or cancellations when known by law enforcement or the prosecution at any time prior to such change or cancellation. See C.R.S. § 24-4.1-302.5(1)(f).
  12. To review the presentence report prepared by the probation department of the court having jurisdiction over the defendant’s case.  See C.R.S. § 24-4.1-303(12)(b);  see also C.R.S. § 24-4.1-302.5(1)(j.7).
  13. To be informed of the date, time, and location of (and to be present for, or have a family member present for, and attend) every sentencing hearing of any person convicted of a crime against the victim and to inform the court in writing, by a victim impact statement, and by an oral statement of the harm the victim has sustained as a result of the crime – with the determination of whether the victim makes written input or oral input (or both) to be made at the sole discretion of the victim;  and to express an opinion at the sentencing hearing as to the appropriateness of any sentence proposed to the court for consideration – regardless of what that opinion is.  See C.R.S. § 24-4.1-302.5(1)(g);  see also C.R.S. §§ 24-4.1-303(12)(c) and (d).
  14. To be notified by the probation department and informed of all the information regarding the defendant (if the defendant receives a sentence to probation) required by sections 24-4.1-303(13.5)(a)(I) through (VIII) of the Colorado Revised Statutes.
  15. To be informed and notified of any referral of the defendant to community corrections and to provide a written and oral victim impact statement to community corrections;  to have such statement included with any referral made by the department of corrections or a district court to place the defendant in a public or private community corrections facility or program.  See C.R.S. § 24-4.1-302.5(1)(j.3) and (j.5)(I).
  16. To have the department of corrections or the public or private local corrections authorities notify the victim of the information required under section 24-4.1-303(14)(a) through (h) of the Colorado Revised Statutes.  See C.R.S. § 24-4.1-303(14).
  17. To have the department of human services to include the victim impact statement with any referral made by the department of human services or a district court to place the defendant in community corrections;  and to have the department of human services and any state hospital notify the victim of the information about the defendant required under section 24-4.1-303(14.2)(a) through (i) of the Colorado Revised Statutes.  See C.R.S. § 24-4.1-303(14.2).
  18. To be informed by the prosecution or the office of the attorney general of the date, time, and location of (and to be present for) any proceeding at which any post-conviction release from confinement is being considered for any person convicted of a crime against the victim and to be heard and provide a written statement at any such proceedings – including reconsideration of sentence, parole hearings, commutation of a sentence, an appellate review, or an attack on the conviction or sentence.  See C.R.S. § 24-4.1-302.5(1)(j);  see also C.R.S. § 24-4.1-303(12)(e);  C.R.S. § 24-4.1-303(13);  C.R.S. § 24-4.1-303(14).
  19. To restitution.  See C.R.S. § 24-4.1-302.5(1)(h);  see also C.R.S. § 18-1.3-601 et seq.
  20. To receive any and all of the victim’s property being held law enforcement or the prosecution (or any agents thereof).  See C.R.S. § 24-4.1-302.5(1)(k);  see also C.R.S. § 24-4.1-303(7).
  21. To not have the victim’s employer discharge or discipline the victim or the victim’s family for honoring a subpoena to testify or for participating in the preparation of the criminal proceeding;  and to be provided with appropriate employer intercession services to encourage the victim’s employer to cooperate with the criminal justice system in order to minimize the loss of employment, pay, or other benefits resulting from the victim’s court appearances or other required meetings with criminal justice officials.  See C.R.S. § 24-4.1-303(8);  see also C.R.S. § 24-4.1-302.5(1)(n).
  22. To be informed of the availability of financial assistance, including victim compensation funds, medical resources, financial assistance services, and other financial support or compensatory benefits to the victim;  and to be informed of the application process (including the name, address, and telephone number of the person to contact) for such financial services or compensatory benefits.  See C.R.S. § 24-4.1-302.5(1)(l);  see also C.R.S. §§ 24-4.1-303(9)(a), (b), and (c);  C.R.S. §§ 24-4.1-303(10)(a) and (11)(e).
  23. To transportation and household assistance to promote the participation of the victim or the victim’s family in the criminal proceedings;  and to child care services to enable the giving of testimony by the victim.  See C.R.S. § 24-4.1-303(9)(d);  see also C.R.S. §§ 24-4.1-303(9)(g) and (11)(f).
  24. To assistance in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of the alleged crime.  See C.R.S. § 24-4.1-303(9)(e).
  25. To be provided with a secure waiting area for the victim and the victim’s legal counsel during court proceedings.  See C.R.S. § 24-4.1-302.5(1)(p);  see also C.R.S. § 24-4.1-303(5).
  26. To be informed of the process for enforcing compliance with article 4.1 of title 24 by all persons who act in noncompliance with it (including the prosecution, law enforcement, the courts and probation, and the defense), pursuant to section 24-4.1-303(17).  See C.R.S. § 24-4.1-302.5(1)(t).

Any failure to comply with any of the rights held by the victim as outlined above or otherwise guaranteed by Colorado law is redressable under section 24-4.1-303(17) of the Colorado Revised Statutes.  Any failure (jointly or severally) by law enforcement, the prosecution, the courts (including probation), any correctional agency, the department of human services, or any state hospital to enforcement the victim’s rights or to ensure compliance with such rights is reportable to the crime victim services advisory board.  Such board is required to review the reported noncompliance and, if determined to be based in fact and unresolved, refer such failure to the Governor of the State of Colorado who will then request the Colorado Attorney General to file suit to enforce compliance with the victim’s rights as espoused by article 4.1 of title 24 of the Colorado Revised Statutes.

As a victim, you need legal counsel to help you take control of the prosecution and police.  You need an attorney who will fight for your rights.  You need to be able to bravely walk into the courtroom and know your interests are being protected.

MASTERSON HALL, P.C.
Call the attorneys directly: 720-445-5505.
Schedule your NO-OBLIGATION consultation today.

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A VICTIM HAS A RIGHT TO PRIVACY AND TO FORBID THE POLICE AND PROSECUTORS FROM OBTAINING PERSONAL OR CONFIDENTIAL RECORDS AND USING THEM AGAINST THE VICTIM.

TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.