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.
A notice, invocation, and exercise of rights by the victim should include, but not be limited to, all of the victim’s legal rights relating to privacy, the Health Insurance Portability and Accountability Act (HIPAA) (see P.L.104-191), and those rights guaranteed under state and federal laws concerning the nondisclosure of any and all medical, psychological, or other expert evaluations; any and all medical, psychological, or other expert examinations; any and all internal investigations by any state, governmental, or municipal agency; any and all outstanding, forth-coming, or yet to be determine investigations of allegations (regardless of the nature of the allegation); any and all investigations regarding conduct that may (or could be alleged to) have occurred in the criminal case within which the victim is named as the complaining witness; any and all investigations regarding conduct that may (or could be alleged to) have occurred relating to any collateral matters of any of the matters in the pending criminal case or other matters related legal matter; and any and all investigations regarding conduct that may (or could be alleged to) have occurred relating to any other matters not known to the victim or the victim’s legal counsel.
The victim should revoke and rescind all purported releases, waivers, and authorizations of or for the release or disclosure of any records or information (regardless of its nature or location) having previously been made (or could be alleged to have been made) by the victim (regardless of how such release, waiver, or authorization is described) including, but not limited to, all records or information related to any and all subject matters related to the criminal case or other matters discussed in this and other postings (see the bottom of this page), e.g., the victim’s medical, psychological, and other expert evaluations, reports, and records.
The victim should revoke and rescind all purported releases, waivers, and authorizations of or for the relinquishment of any constitutional or statutory rights or privileges, however described. In doing so, the victim should also invoke, assert, and affirm all of the victim’s constitutional and statutory rights and privileges including, but not limited to, the attorney-client privilege, doctor-patient privilege, psychotherapist-patient privilege, marital privilege, spousal privilege, and clergy-penitent privilege.
The victim should further invoke, assert, and affirm the victim’s right to be free from unreasonable searches and seizures, to confrontation, to remain silent, to not self-incriminate, to not be put twice in jeopardy of punishment for the same offense, to an attorney, to due process, to equal protection, to be free from ex post facto laws, to a fair trial, to appeal, to the privilege of the writ of habeas corpus, and to the prohibition against cruel and unusual punishment as guaranteed by the statutes and laws of the State of Colorado and the United States, including, but not limited to, Colorado Revised Statutes sections 24-4.1-101 through 24-4.1-304; article II, sections 3, 6, 7, 10, 11, 16, 18, 20, 23, 25, and 28 of the Colorado Constitution; and the First, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Fourteenth amendments to the Constitution of the United States. The invocation of these rights is vital to the protection of the victim and preventing the victim from being turned into the one accused of criminal behavior.
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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TWENTY-SIX (26) LEGAL RIGHTS AND PRIVILEGES A VICTIM SHOULD KNOW AND EXERCISE THROUGH AN ATTORNEY.