Victim's Rights

Defendants Have The Right To Remain Silent...

Victims Have The Right To Be Heard.

We at the Office of the District Attorney are sorry to learn that you have been the victim of a crime. This information has been prepared to help you understand what will happen next, and to explain your rights as a crime victim.

As a victim of a violent crime, you have the constitutional right to be informed of certain information and court dates. Whenever possible, we will notify you of these dates.

Applicable Violent crimes are:

• murder, manslaughter, homicide
  
• vehicular assault and vehicular homicide
  
• assault
  
• sexual assault on an adult or child
  
• sexual exploitation of children
  
• menacing
  
• kidnapping
  
• robbery
  
• child abuse
  
• domestic violence
  
• harassment by stalking
  
• careless driving resulting in death
  
• failure to stop a the scene of an accident resulting in death
  
• ethnic intimidation
  
• accessory to any of the above crimes
  

It is your responsibility to keep the District Attorney's Office informed if you change your address or phone number.

The Victim Witness Division is a special service set up to help victims and witnesses of crime and their families as they pass through the criminal justice system. Without you, there can be no justice. This information was written to assist you in understanding the procedures involved in criminal cases. If you have any questions or concerns, please contact our Victim/Witness Division at 498-7285. An Advocate will gladly help with any problems, concerns or questions you may have.

As a victim of a violent crime, you have certain constitutional and statutory rights. These rights are listed on this web page. If you feel your rights are not honored, you can make a complaint to:

Victim/Witness Program Director
Office of the District Attorney
201 La Porte Avenue, Suite 200
Fort Collins, CO 80521-2763
(970) 498-7281
or
Division of Criminal Justice
700 Kipling Street, Suite 1000
Denver, CO 80215
(303) 239-4442

YOUR RIGHTS AS A CRIME VICTIM

• to be treated with fairness, respect, and dignity and to have a swift and fair resolution of your case
• to be informed of and present at all critical stages of the criminal justice process
• to be present and heard in court for any bond reduction, amendment of charges, disposition, sentencing or continuances
• to have a safe waiting area near the court
• to confer with the District Attorney's Office before the case is resolved or goes to trial and to be informed of the outcome.
• to prepare a Victim Impact Statement and to be present at sentencing
• to have restitution ordered
• to pursue a civil judgement against anyone who has committed a crime against you
• to be informed of post conviction release or modification hearings
• to get your property back quickly when it is no longer needed for prosecution
• to apply for Victim Compensation for crime-related losses such as therapy, medical & funeral expenses
  

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.

HOW THE VICTIM/WITNESS PROGRAM CAN HELP...

Being victimized and experiencing the court system can be difficult and confusing. Trained victim advocates can give you support, information, and referrals.

A victim advocate can give you information about how the court system works as well as specific information about your case. We can also talk with you about your feelings and answer your questions.

We can help you find a therapist, transportation, translation services, household assistance, or child care, so you can come to court. We can talk to you about medical or legal questions but cannot give medical or legal advice.

Victim advocates can also talk to parents, friends, and other family members about the crime and give them support and information.

If you are required to testify, a victim advocate can go to court with you.

CHILDREN, THE ELDERLY, AND PEOPLE WITH DISABILITIES

often have special concerns when dealing with the criminal justice system.

Please talk to a victim advocate about your special needs.

The District Attorney's Office and the Courthouse are accessible to differently abled people.

TDD (Telecommunications Device for the Deaf) phone number for the County is 498-7969. We can also help you communicate with other criminal justice agencies.

RESOURCES TO HELP

COMMUNITY VICTIM ASSISTANCE ADVOCATES ARE ON CALL 24 HOURS A DAY:

In Estes Park call 
E.P. Victim Assistance: . . . . . . . . . . . 586-4000
In Loveland call
Alternatives to Violence: . . . . . . . . . . 669-5150
In Fort Collins call
Crossroads Safehouse: . . . . . . . . . . . . 482-3502
(for Domestic Violence, only)
CSU Victim Assistance Team. . . . . . . . . . 491-7111
Sexual Assault Team:  . . . . . . . . . . . . 472-4204
(Fort Collins only)
Sexual Violence/Rape Crisis Hotline:  . . . . 472-4200

OTHER EMERGENCY SERVICES:

Larimer County Mental Health: . . . . . . . . 221-2114
Estes Park Medical Center:  . . . . . . . . . 586-2317
Poudre Valley Hospital: . . . . . . . . . . . 495-7000
(1024 Lemay Avenue, Fort Collins)
McKee Medical Center: . . . . . . . . . . . . 669-4640
(2000 North Boise, Loveland)
United Medical Center:  . . . . . . . . . . . (303) 651-5100
(549 Mountain Avenue, Berthoud)

Other Support Services:

Anti-Violence Project
Gay and Lesbian Community Center: . . . . . . (303) 852-5094
MADD (Mothers Against Drunk Driving): . . . . (303) 425-5905
POMC (Parents of Murdered Children):  . . . . (303) 772-6004

Criminal Justice System:

Coroner's Office: . . . . . . . . . . . . . . 679-4517
Community Corrections:  . . . . . . . . . . . 498-7530
District Attorney:  . . . . . . . . . . . . . 498-7200
Victim/Witness (Fort Collins):  . . . . . . . 498-7280
Victim/Witness (Loveland):  . . . . . . . . . 679-4413
Victim Compensation:  . . . . . . . . . . . . 498-7290
Jail: . . . . . . . . . . . . . . . . . . . . 498-5200
Booking:  . . . . . . . . . . . . . . . . . . 498-5225
Probation Department: . . . . . . . . . . . . 498-5800
Larimer County TDD: . . . . . . . . . . . . . 498-7969

SOME DEFINITIONS:

Arraignment: Court hearing when a defendant pleads guilty or not guilty, after a preliminary hearing. Witnesses do not have to testify.

Bond: Money or property that is promised or given to the Court to make sure that a defendant will come back to court after being released from jail.

Compensation: A program to help pay for crime-related losses such as therapy, medical and funeral expenses. A police report must be made. Please call 498-7248 to find out eligibility requirements and to request an application.

Continuance: When the court delays a hearing.

Defendant: A person who is accused of committing a crime.

Disposition: The resolution of a case, without a trial.

Motions Hearing: A hearing where the judge decides what evidence will not be allowed at trial.

No Contact: A condition of bond that means a defendant cannot have contact with a victim by phone, letter, through a third party or in person.

Plea Agreement: A defendant pleads guilty in return for a certain sentence recommendation or agrees to plead guilty to a different charge.

Preliminary Hearing: A hearing to determine if there is enough evidence to go to trial. This is the first hearing when witnesses may have to testify.

Pre-Trial Conference: A meeting between the Deputy District Attorney and the defendant/his attorney to discuss possible pleas (ie. plea-bargaining); a judge is not present.

Restitution: After conviction, a defendant can be ordered to pay the victim for "out of pocket" financial losses. Talk to a victim advocate for more information.

Subpoena: An order to come to court, which is either mailed to the witness or personally delivered.

SAFETY:

• The 1st floor of the Justice Center has a security system. Officers are present to help keep you safe.
• If you are required to testify, a separate waiting area will be provided so you do not have to have contact with the defendant.
• The Court may place a condition on a defendant's bond that he/she cannot have any contact with you. If this order is violated, call the police immediately and then your Victim/Witness Advocate.
• If you are worried about security please talk to your Victim/Witness Advocate.

GOING TO COURT:

• Cases are often resolved without requiring the victim to testify.
• You may get a subpoena to testify. Call Victim/Witness and a victim advocate will talk to you about what will happen.
• You should not be fired or disciplined for coming to court or being involved in the prosecution of your case. A victim advocate can talk to employers or school officials about your appearance in court.
• If your case is set for trial, you may speak with the Deputy District Attorney and see the courtroom before you go to court.

As the victim of a violent crime, you have the right to the following information:

Defendant's name: ______________________________
Charges: ______________________________
Police report #: ______________________________
Court case #: ______________________________
Judge/division
County: ______________________________
District:______________________________
Deputy District Attorney assigned: ______________________________
Victim advocate(s): ______________________________

court dates: date: _______________________ time: _______________________
(some hearings may not occur in your case)
filing of charges______________________________
bond reduction ______________________________
preliminary hearing ______________________________
disposition ______________________________
arraignment ______________________________
motions hearing ______________________________
trial ______________________________
sentencing ______________________________
sentence modification ______________________________
probation revocation ______________________________