YOUR LEGAL RIGHTS AS A VICTIM
Back in 1992, the State of Colorado passed an amendment to the Colorado Constitution providing victims of crime (and alleged victims of crime) with certain and specific rights. See Colorado Constitution, Article II, Section 16a. This constitutional amendment was named the “Victim Rights Amendment.” The purpose of this constitutional protection for victims was to ensure justice for victims, as well as assist in achieving their goals, wishes, desires, safety, and protection while they navigate through the criminal justice process.
Shortly after this constitutional Amendment was passed, the Colorado legislature enacted enabling legislation – essentially giving teeth the 1992 Amendment. The legislation was named the “Victim Rights Act” and went into effect in 1993. All of these rights and protections for victims in the Act cover almost twenty (20) pages, yet an experienced attorney representing a specific person who is a victim should know these rights and protections invariably and know how to use them to the victim’s advantage and in a way to achieve the victim’s goals – whatever the victim’s goals are. With this in mind, the Victim Rights Act is an excellent legal tool to defend victims against malicious prosecutors and police and achieve legal success for victims in court. See Part III of Article 4.1 of Title 24 of the Colorado Revised Statutes.
Under the Victim Rights Act, a “victim” is defined in the following way:
“Victim” means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person’s spouse, parent, child, sibling, grandparent, significant other, or other lawful representative. For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated. It is the intent of the general assembly that this definition of the term “victim” shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term “victim”.
See C.R.S. § 24-4.2-302(5).
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.
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