Colorado Crime Victim's Rights
The Rights of Victims of Crime
Crime victims have rights under the Colorado constitution, as guaranteed by a 1993 amendment. There are also certain crimes that additionally offer compensation to victims who have lost monetarily as a result of the incident.
Arvada residents who wish to apply for compensation should submit a service request through the Arvada Police Department or call Victim Outreach Information Office at 303-202-2196.
According to the Victim Rights Act, victims have the right:
- To be treated with fairness, respect and dignity;
- To be informed of and present for all "critical stages" of the criminal justice process;
- To be free from intimidation, harassment, or abuse; and to have the right to be informed about what steps can be taken if there is any intimidation or harassment by a person accused or convicted of the crime or anyone acting on the person's behalf;
- To be present and heard regarding bond reduction, continuances, acceptance of plea negotiations, case disposition, or sentencing;
- To consult with the district attorney prior to any disposition of the case or before the case goes to trial and to be informed of the final disposition of the case;
- To be informed of the status of the case and any scheduling changes or cancellations, if known in advance;
- To prepare a Victim Impact Statement and to be present and/or heard at sentencing;
- To have restitution ordered and to be informed of the right to pursue a civil judgment against the person convicted of the crime;
- To receive a prompt return of the property when it is no longer needed as evidence;
- To be informed of the availability of financial assistance and community services;
- To be given appropriate employer intercession services regarding court appearances and meetings with criminal justice officials;
- To be assured that in any criminal proceeding the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings;
- Whenever practicable, to have a safe, secure waiting area during court proceedings;
- Upon request, to be informed when a person accused or convicted of the crime is released from custody, is paroled, escapes or absconds from probation or parole;
- Upon written request, to be informed of and heard at any reconsideration of sentence, parole hearing, or commutation of sentence;
- Upon written request, to be informed when a person convicted of a crime against the victim is placed in or transferred to a less secure correctional facility or program or is permanently or conditionally transferred or released from any state hospital;
- To be informed of any rights which the victim has pursuant to the Constitution of the United States or the State of Colorado; and
- To be informed of the process for enforcing compliance with the Victim Rights Act.
Compensable Crimes
- Murder - 1st and 2nd degree
- Manslaughter
- Criminally negligent homicide and vehicular homicide
- Assault - 1st, 2nd, 3rd degree, vehicular
- Menacing
- Kidnaping - 1st and 2nd degree
- Sexual Assault - 1st, 2nd, 3rd degree, on a child, on a child by one in a position of trust, on a client by a psychotherapist
- Robbery - aggravated, aggravated of a controlled substance
- Incest and aggravated incest
- Child Abuse
- Sexual exploitation of children
- Crimes against at-risk adults or at-risk juveniles
- Crimes for which the underlying foundation has been determined to be domestic violence
- Careless driving that results in the death of another person
- Failure to stop at the scene of an accident that results in the death of another person
- Harassment by stalking
- Ethnic intimidation, and
- Any criminal attempt, conspiracy, criminal solicitation, or accessory involving any of the crimes specified above.
- Indecent Exposure
- Violation of a protection order issued in a criminal sexual assault or domestic violence case.
Critical Stages
- Filing of charges
- Preliminary hearing
- Any bond reduction or modification hearing
- Arraignment hearing
- Motions hearing
- Disposition of the complaint or charges against the person accused
- Trial
- Sentencing hearing
- Appellate review or appellate decision
- Sentence reconsideration
- Probation revocation hearing
- Filing of a complaint, summons, or warrant by probation for failure to report or because the location of a person convicted of a crime is unknown
- Request for change of venue or transfer of probation supervision
- Request for release from probation supervision prior to the expiration of original sentence
- Attack of a judgment or conviction
- Parole application hearing
- Parole, release, or discharge from imprisonment of a person convicted of a crime
- Parole revocation hearing
- Transfer to or placement of a person convicted of a crime in a non-secured facility, and
- Transfer, release, or escape of a person charged with or convicted of a crime from any state hospital
- In addition to the right to be informed and present, the victim also has a right to be heard at hearings on bond reduction, disposition of the complaint, such as acceptance or a negotiated plea, and a sentencing. The victim also has a right to provide input to the court regarding continuances.
