A VICTIM HAS A RIGHT TO NOT SPEAK WITH ANYONE WITHOUT AN ATTORNEY PRESENT (INCLUDING THE POLICE AND PROSECUTION).
The victim of a crime should invoke and exercise the victim’s rights and privileges as related to the criminal case and as defined and guaranteed by the United States and Colorado constitutions, statutes, and court orders. These rights and protections include, but are not limited to, article II, section 16a of the Colorado Constitution and sections 24-4.1-101 through 24-4.1-304 of the Colorado Revised Statutes.
The victim should gives notice of the victim’s invocation and exercise of the right to require all governmental agents and actors, city and county attorneys, district attorneys, prosecutors, state-paid victim witness coordinators, state-paid social workers, state-paid counselors, state-paid psychologists, state-paid psychiatrists, law enforcement (federal and state), Colorado Bureau of Investigation agents, attorneys at law representing any party or interest in the criminal case (including lawyers for the defendant and defense investigators), and any and all employees or agents of the same to (1) get the consent of the victim’s attorney and legal counsel before attempting to contact or interview the victim (regardless of the reason) and (2) only have such contacts or interviews conducted while in the presence of the victim’s attorney and legal counsel or with such counsel’s actual and express consent.
Unless the victim’s attorney is present or gives actual and express consent, the victim should not desire to participate in any interviews, interrogations, communications, investigations, attempts to contact, attempts to gain consent, attempts to obtain a waiver of any kind (including waiver of any right or privilege held by the victim), questioning, discussions, or other interactions involving the participation of, or any affirmative actions by, the victim. Prior to such participation by the victim, consent of opposing counsel is required by the Colorado Rules of Professional Conduct (CRPC), Rule 4.2. And “[t]he Rule applies even though the represented person initiates or consents to the communication.” CRPC Rule 4.2 cmt. 3. This Rule further regulates the actions of both lawyers and non-lawyers alike, as “[a] lawyer may not make a communication prohibited by this Rule through the acts of another.” CRPC Rule 4.2 cmt. 4 (citing Rule 8.4(a)). Thus, this includes a lawyer or prosecutor communicating through any police or law enforcement officer, investigator, victim witness coordinator, or any agents thereof. “The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule.” CRPC Rule 4.2 cmt. 5. Such consent is also required by the American Bar Association Model Code of Professional Responsibility, DR 7-104(A)(1), and the American Bar Associations Model Rules of Professional Conduct, Rule 4.2.
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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