VICTIM WITNESS ASSISTANCE

The Victim Witness Assistance Unit was established to assist victims of crime by providing information on the criminal justice system, victim compensation, and referral to agencies and organizations that can help them get through the ordeal of being a crime victim.   Victim Advocates provide information on the criminal justice system, court case updates, referrals and court accompaniment, as well as emotional support. If you need assistance from the victim advocates you may call 520-6049.  

FREQUENTLY ASKED QUESTIONS:  

1. Do I have to go to all court dates?
   It is your decision whether or not to attend court dates. If you receive a subpoena, you must obey the court order or you could be held in contempt of court.
2. Will the suspect have to pay my medical bills or property damage?
   You will receive a victim impact statement from our office asking for the losses you sustained as a victim of crime, as well as input you would like to give the judge regarding sentencing. Once you return the victim impact statement, restitution can be calculated and requested when the defendant has been found guilty or pleads guilty. If you do not return the victim impact statement, restitution will not be ordered. You may also pursue a civil case against the defendant.
3. When will my property that is being held for evidence be released?
   When the defendant has been found guilty and sentenced, or at the end of the criminal justice process, you will receive a final disposition letter instructing you to contact the appropriate law enforcement agency.
4. How will I know the next court date?
   If you are a victim of a violent crime you will receive a written notification of all critical stage court dates. If you are not a victim of a violent crime you may call the Victim Witness Unit to find out the next court date.

RIGHTS OF VICTIMS OF VIOLENT CRIME IN COLORADO  

Recognizing that victims are an inherent part of the criminal justice process, the voters of Colorado passed a resolution in November 1992 to include Victim Rights as part of the State's constitution. The Victim Rights Act mandates the Office of the District Attorney to provide certain information and rights to victims of violent crime. Victims have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process.

COLORADO VICTIM COMPENSATION PROGRAM

If you are the victim of a violent crime, you may be eligible for assistance through the Colorado Crime Victim Compensation Program. The funds for this program are collected from the fines paid by convicted defendants. Awards to victims are made by the Crime Victim Compensation Board, whose three members are local citizens appointed by the District Attorney.  

ELIGIBILITY REQUIREMENTS  

• Must be a victim of a compensable crime, a relative of a victim, or a witness at the scene. A compensable crime means an intentional, knowing, reckless, or criminally negligent act of a person that results in residential property damage to or physical or psychological injury to another person or results in loss of or damage to eyeglasses, dentures or other medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state. Expanded to include careless driving resulting in death and hit and run resulting in death.  
• The crime must have been committed in El Paso or Teller County.  
• The law enforcement authorities must be notified within 72 hours.
• Application must be filed within one year from the date of the crime.
• The victim must cooperate fully with law enforcement agencies and the prosecution.  
• The injury or the death of the victim was not a result of the victim's wrongful act. The victim must not have provoked the injury.  
• If the victim has insurance, those benefits must be utilized before compensation funds can be awarded.  
• The Board may waive some of these requirements in the "interest of justice".  

COMPENSABLE LOSSES INCLUDE  

• Reasonable medical and dental expenses
• Mental health counseling & alternatives
  
• Replacement of prosthetic devices
  
• Lost wages/ loss of support to dependents
  
• Burial/funeral expenses
  
• Outpatient care
  
• Homemaker services
  
• Property damage is limited to maximum of $500.00 for replacement of doors, locks or windows on residential property
• Emergency assistance

COMPENSATION DOES NOT COVER  

• Loss of money or personal property
  
• Damaged or stolen vehicles
  
• Pain and suffering  

To apply for Crime Victim Compensation:

Phone 520-6036 or go to the District Attorney's Office at 105 E. Vermijo, Suite 600, Colorado Springs, CO 80903 to obtain an application. You may download the application here in pdf format.

VICTIM RIGHTS ACT

Crimes covered by the Victim Rights Act

• Murder, Manslaughter
• Criminally negligent homicide and vehicular homicide
• Assault - 1st, 2nd, 3rd
• Menacing
• Kidnapping
• Sexual Assault - 1st, 2nd, 3rd, on a child, on a child by one in 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 death
• Failure to stop at the scene of an accident involving a death
• Harassment by stalking
• Ethnic intimidation
• Any criminal attempt, conspiracy, criminal solicitation, or accessory involving any of the crimes stated above

• Filing of charges
• Preliminary hearing
• Any bond reduction or modification hearing *
• Arraignment hearing
• Motions hearing
• Disposition of the complaint or charges *
• Trial
• Sentencing hearing *
• Appellate review or appellate decision
• Sentence reconsideration
• Probation revocation hearing
• The filing of a complaint, summons, or warrant by probation for failure to report or because 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 judgement or conviction
• Parole application hearing
• Parole, release, or discharge from imprisonment
• Parole revocation hearing
• Transfer to or placement of a person convicted of a crime in a non-secured facility
• Transfer, release, or escape of a person charged 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 of a negotiated plea, and sentencing. The victim also has the right to provide input to the court (through the deputy district attorney) regarding continuances.  

The Victim Rights Act states that 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 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;
• 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, 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;
• To receive a prompt return of property when it is no longer needed as evidence;
• To be informed of the availability of financial assistance and community services;
• 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 of the filing of a complaint, summons, or warrant by probation for failure to report or because 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;
• Upon written request, to be informed when a person convicted of a crime 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 State of Colorado;
• To be informed of the process for enforcing compliance with the Victim Rights Act.

If you feel that your rights have been violated, you should attempt to seek compliance on the local level. If all local efforts to obtain your rights have failed, you may request assistance from the Coordinating Committee:

For a complete listing of your rights refer to Colorado Revised Statutes 24-4.1-101.  

If you have any additional questions or desire additional information on crime victim rights, contact the Victim Witness Unit at 520-6049.