| Susan Cvancara, Director P.O. Box 330 2950 9th Street Ft. Lupton, CO 80621 (303) 637-2424 |
| Victim Rights Act
The enabling legislation called the Victim Rights Act became effective in January of 1993, and was amended in 1995, 1997 and 2000. In an attempt to balance the scales of justice, the Victim Rights Act provides victims an active role in the criminal justice process. The following is a summary of the rights guaranteed by the Victim Rights Act (For a complete listing of your rights, please refer to Colorado Revised Statutes 24-4.1-301 through 24-4.1-304.): • 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, acceptance of plea negotiations, case disposition, sentencing or modification of sentence; • 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 request restitution 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 property when it is no longer needed as evidence; • To be informed of the availability of financial assistance and community services; • To be provided with 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 practical, 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; • The right, at the discretion of the district attorney, to view all or a portion of the pre-sentence report of the probation department; • To be informed of the results of any court-ordered HIV testing; • 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. Additional rights and services are provided to child victims or witnesses. Law enforcement, prosecutors and judges are encouraged to designate one or more individuals to try to ensure that the child and his/her family understand the legal proceedings and have support and assistance to deal with the emotional impact of the crime and the subsequent criminal proceedings. The rights enumerated here do not mean that a victim who is incarcerated has a right to be released or transported to attend a hearing. It is your responsibility to keep the District Attorney’s Office informed of your current address and phone number(s) at all times. You can call us at (970) 356-4010 or email our office at WeldDA@co.weld.co.us Click here for a list of crimes covered by the Victim Rights Act Click here for the "critical stages" of the Victim Rights Act Sus Derechos De La Victima |