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Appeals

Court	What does this court do?	Appeals to?	Of Note?
County Courts	State county courts handle civil cases up to $25,000, misdemeanors, traffic infractions, preliminary felony matters, protection orders, & small claims.	County court judge decisions may be appealed to the District Court. Whether the decision was issued by a County Court Magistrate or a County Court Judge, the appellate process is the same.	There is at least one county court in each of Colorado’s 64 counties.
District Courts	District courts handle civil cases up to any amount of money, domestic relations, criminal, juvenile, probate, and mental health cases. They also review County Court decisions.	Decisions issued by a district court judge may be appealed to the Colorado Court of Appeals or, in special circumstances, directly to the Colorado Supreme Court. If the decision was issued by a District Court Magistrate, it may be necessary for a District Court Judge to review instead of appealing directly to the Colorado Court of Appeals.	Colorado is divided into 23 judicial districts. Some include multiple counties.
Colorado Court of Appeals	The Colorado Court of Appeals only reviews appeals from District Court. It must hear all appeals that are properly and timely filed.	A party can request that the Colorado Supreme Court or the U.S. Supreme Court review a decision of the Court of Appeals, but they do not have to, and this is rare. Otherwise, Court of Appeals decisions are final.	This court has 22 Judges that sit in 3-member divisions to decide cases.
Colorado Supreme Court	The Colorado Supreme Court is the state’s highest court. It decides which appeals it will hear and accepts fewer than 10% of requests made. The Colorado Supreme Court usually hears appeals from the Court of Appeals, although in some special instances, individuals can petition the Supreme Court directly from a lower court.	These decisions are generally final and cannot be appealed. Limited exceptions exist for federal issues, which can be appealed to the U.S. Supreme Court, but unless permission (“certiorari”) is granted (less than 2% are granted), these decisions are final.	This Court has 7 Justices, and all are usually present to hear the case, unless there is a conflict of interest or some other issue.
Federal Court	Federal courts have limited subject matter jurisdiction which means they are limited by what they can hear. This usually includes disputes between people who live in different states with damages over $75,000 OR cases concerning federal/constitutional issues.	Federal court decisions may be appealed to the federal appeals court of that circuit. In Colorado, that would be the 10th Circuit Court.	Colorado has one federal court that serves the entire state.

Basic Needs

Sometimes crime victims need help getting their basic needs met. Basic needs can include having access to housing, food, and clothing. Dealing with the legal system can be much more difficult for victims who do not have their basic needs met.

The following links provide resources to help with basic needs:

Colorado Victim Rights Act 2022 Update

Did you know that the Colorado Victim Rights Act was updated in the last legislative session? Check out this video to learn what you need to know!

Common Physical and Emotional Reactions after Crime

Victims of crime may have strong emotional or physical reactions after the crime. The reactions people have after a crime depend on the person, the crime, and many other factors.

Sometimes, these common reactions can make things victims used to do (such as their jobs) even harder. These reactions can also make dealing with the legal system harder. Crime victims may find talking to a professional, such as a doctor or counselor, helpful.

Below are some common reactions to crime.

Common emotional reactions after crime:

Problems remembering details about the crime (for example, the order in which things happened).
Problems remembering information people give you after the crime.
Feeling nervous, fearful, and anxious.
Feeling hopeless about the future, detached from others, and emotionally numb.
Decreased interest in everyday activities.
Feeling jumpy or easily startled, on guard or hyper-alert.
Having trouble concentrating.
Having disturbing dreams, memories or flashbacks.
Feeling irritable or restless
Having outbursts of anger or rage.
Emotional swings — such as crying and then laughing.
Feeling ashamed, betrayed, and isolated.
Having suicidal thoughts.
Increased use of alcohol or drugs.

Common physical reactions after crime:

Aches and pains.
Changes in sleep, appetite and sex drive.
Being easily startled.
Having sudden sweating or heart palpitations.
Having upset stomach, trouble eating, constipation or diarrhea.
Catching a cold or getting sick more often.
Increased use of alcohol or drugs.
Having severe headaches.

Common Terms

Criminal System Frequently Used Terms and Acronyms

**Disclaimer: This Guide is general legal information and is not intended to be legal advice. Consult an attorney if you need guidance about your specific situation. This Guide was last updated June 2026**

Victims of crime may encounter many terms and acronyms or ways of shortening things in the criminal legal system. Here is a helpful guide for you to use as you navigate them!

Term	Acronym	Description/More Information
“Abuse of Discretion” Standard of Review		Standard usually applied to the facts determined by the trial court. This standard gives strong consideration and deference to the lower court’s decisions, but courts can still consider whether the lower court’s decision was “manifestly arbitrary, unreasonable, or unfair (meaning the lower court’s decision was clearly not based on good reasons, not logical, or not fair).
Address Confidentiality Program	ACP	Program for victims of crime to have a confidential address
Adjudication		A possible outcome of a juvenile case, meaning the juvenile has been convicted.
Advisement Hearing		Hearing when defendant is informed of charges against them.
Amicus Curiae		“Friend of the court” brief filed by people or organizations who are not actually part of a case to highlight certain issues being appealed because of the broader impact they can have on laws.
Ankle Monitor		A requirement (condition) of bond or probation to monitor and track a defendant’s location by GPS. This monitoring is passive, not active, meaning nobody is reviewing it live to ensure there are no violations.
Answer Brief		A brief filed by the other party (the respondent / appellee) responding to the arguments in the Opening Brief.
Appeal		A request for a higher court (“appellate” court) to review decisions made by a lower court (trial court). There are two times when an appeal can happen, but most appeals happen after the case has ended.
Appellant		The party who appeals a lower court’s judgement or order to a higher court. In some courts, it is also referred to as the petitioner.
Appellee		The party against whom the appeal is filed and responds to and defends the appeal. An appellee can also be referred to as the respondent.
Appellate Court		The appellate court can only review issues “in the record”, meaning, arguments that were previously made in the trial court. The appellate court won’t revisit the facts of the case and accepts facts as the trial court heard them. The appellate court doesn’t consider new evidence that wasn’t previously raised and doesn’t re-try the case. The appellate court decides whether the trial court’s decisions were correct and use different “standards of review” depending on the legal issue and type of case.
Arraignment		Hearing when judge tells defendant the criminal charges and the defendant’s rights, and defendant enters a plea (guilty, not guilty, or not guilty by reason of insanity).
Attorney General	AG	Office of attorneys representing the state of Colorado in some criminal (including appeals) and civil cases
Bench (or Court) Trial		A trial with a judge, but no jury. The judge decides all important questions in the case, including guilt of the defendant.
Bench Warrant		See “Warrant” below.
Bond/Bail		An amount in cash or property that a defendant can pay to be set free from jail which helps ensure they will come to the next court hearing. The amount is set by the judge. The defendant may lose the cash or property if they do not appear for a court date. A Personal Recognizance (PR) bond allows the person to leave custody based on that their word that they will return to court; no money must be paid.
City Attorney	CA	Similar to a district attorney but for a city instead of county/district. This office prosecutes certain crimes (traffic, public nuisance).
Civil Protection Order	CPO	Also called “restraining orders.” Court order that an individual can request on their own, in a civil case separate from a criminal case. Can be temporary (TPO) or permanent (PPO). Separate from the Mandatory Protection Order (MPO) issued in a criminal case.
“Clearly Erroneous” Standard of Review		This standard provides consideration, or deference, to the lower court about their prior decisions, but allows the court to review factual findings and whether the case record supports the lower court’s decision. If not, it must be very clear that the lower court made a mistake to overturn or remand the case.
Colorado Bureau of Investigation	CBI	Statewide law enforcement for certain crimes
Colorado Crime Information Center	CCIC	Database available to law enforcement that tracks crimes and criminal history in Colorado’s jurisdiction.
Colorado Open Records Act/Colorado Criminal Justice Records Act	CORA/CCJRA	Crime victims may want copies of information about their case, such as the police report. Public records are available (sometimes for a small fee) under either CORA or CCJRA, though they may be redacted.
Colorado State Patrol	CSP	Law enforcement agency responsible for certain highways where local agencies do not exercise jurisdiction.
Community Corrections	Comcor/CC	A defendant may serve part or all of a sentence through Comcor programs. In these programs, they must still comply with certain requirements and are under supervision but usually live in a halfway house instead of being in a prison facility.
Concurrent Sentence		When the time a defendant with multiple criminal convictions is serving counts for more than one sentence.
Consecutive Sentence		When a defendant with multiple criminal convictions serves a sentence after the end of a previous sentence (i.e. the time they serve only counts against one of their sentences).
Contempt Citation		An order saying someone has violated a court’s orders (for example, if someone does not come to court after receiving a subpoena to do so). If the person does not appear at that new court event, an arrest warrant may be issued.
Continuance/Setting Over		When the court reschedules or postpones a court hearing to a later date.
Credit for Time Served		See “Time Served” below.
Crime Victim Compensation	CVC	Program to provide more immediate funds to crime victims, administered through DA’s office.
Critical Stage		Under the Victim Rights Act (VRA), this refers to a hearing or something else in a criminal case where victims usually have the right to be present and to be heard (meaning give a statement to the court).
Criminal Case Appeal		An appeal in a criminal case is filed by the Defendant in the case, or sometimes by the prosecution. Most appeals that are filed after a case has finished are handled by the Colorado Attorney General’s Office.
“De novo” Standard of Review		De novo means “anew” and signifies starting over completely. This standard applies to what the underlying law itself means. The court doesn’t give deference or consideration to the lower court’s decision and can make its own independent determinations about questions of law. This standard has the biggest risk of being overturned or remanded (sent back) for a new trial.
Defendant		A person who is formally charged with a crime.
Department of Corrections	DOC	The Colorado department that oversees prisons and parolees.
Department of Human Services	DHS/CDHS	State or county agency responsible for ensuring child welfare, among other things (like many public benefits).
Department of Justice	DOJ	Executive department of the federal government led by the US Attorney General, comprised of many agencies, including the FBI.
Discovery		The process of one side of a case getting information about the other side of case. In a criminal case, the prosecution must give the defense the information they have about the facts of a case. This includes information that victims have shared with law enforcement and/or District Attorney’s Office (also includes information given to a law enforcement or DA-based Victim Advocate).
Dismissal/dismissed with prejudice		The judge dismisses criminal charges, and charges cannot be re-filed.
Dismissal/dismissed without prejudice		The judge dismisses criminal charges, but charges can be re-filed if new evidence or information is found.
Disposition or Disposition Hearing		A hearing usually set for a court to specifically consider a Plea Agreement between the DA and defense.
District attorney/Deputy District Attorney/Assistant District Attorney	DA/DDA/ADA	The attorney who represents Colorado in a criminal case. The DA prosecutes the case against a defendant.
Division of Criminal Justice	DCJ	A state agency within the Colorado Department of Safety focused on improving community safety, services for crime victims, and offender management.
Division of Youth Corrections	DYC	The Colorado department that oversees juvenile detention facilities and programs as well as juvenile parole.
Domestic Violence	DV	Usually intimate partner abuse; can be an enhancer in criminal cases.
Error		If the reviewing court doesn’t find any errors in a case, the appellate court affirms (agrees with) the trial court’s decisions. If an error is found, the case might be returned to the lower court for more information, to re-do something, like a hearing or trial, or the verdict or sentence could be reversed (undone).
Federal Bureau of Investigation	FBI	Federal law enforcement agency
Felony		A felony is a more serious criminal charge than a misdemeanor. The court case number for felonies usually starts with the year, followed by the letters “CR”, and then a number (i.e. 2026CR00751).
Forensic Interview	FI	Interview done with a witness (usually a child victim) and a trained professional in a controlled setting. The video/transcript may be used as evidence in a criminal case.
Forensic Nurse Exam	FNE	Medical exam performed by a trained nurse to analyze injuries and gather evidence in cases such as sexual assault and strangulation. Can also be called a SANE exam.
General Sessions	GS	This is a case filed in Denver county court for municipal offenses (violations of city code). It is lower-level than a misdemeanor or a felony. The court case number would typically be the year followed by the letters ‘GS’ and a series of numbers (i.e. 2026GS00751).
Guardian ad Litem	GAL	Attorney appointed to represent the interests of a child or person deemed incompetent because of age or disability.
Interlocutory Appeal		When an appeal happens before the end of the case (which is rare). When an interlocutory appeal happens, the trial court case pauses while the appellate court resolves the legal issue.
Judicial District	JD	Area encompassing one or several counties, typically with a single DA’s office, designated by a number. Colorado has 23 judicial districts.
Jurisdiction		The power a court has to decide a case based on the type of case and geographic location. In most criminal cases, the county where the incident occurred is the one with jurisdiction.
Jury Trial		A trial where the case is heard by a jury. The jury decides the factual questions and the final judgment.
Law Enforcement	LE	The agency where you can make a criminal report (usually the police department in a city or sheriff within a county).
Mandatory Protection Order	MPO	Order issued in many criminal cases, otherwise called a “restraining order.” Usually protects victim from contact, harassment, and intimidation by the defendant. Different from a Civil Protection Order.
Misdemeanor		A misdemeanor is a less serious criminal charge than a felony. The court case number for misdemeanors usually starts with the year, then the letter ‘M’, then a number (i.e. 2026M00751).
Notice of Appeal		The initial step in the appeals process. This document notifies the court and other parties involved that the appellant disagrees with the lower court’s decision and wishes to challenge it in a higher court.
Opening Brief		Brief filed by the party seeking the appeal detailing what issues it would like the appellate court to review.
Opinion		A written decision, or “opinion” will be issued by the court after it has reviewed all briefs, and, if granted, heard oral arguments. This usually takes place several weeks or months after oral arguments or after the Reply Brief is filed. Some opinions are “published” and become binding case law on other cases and courts, but many are “unpublished” and only impact the case that was appealed.
Oral Arguments		Where the parties may briefly argue their case in front of the judge(s) who are deciding it. This occurs after written briefs are filed and is another opportunity to persuade the court. Judges often ask attorneys questions about legal points from their briefs. Victims in criminal cases have a right to attend oral arguments, listen, or watch online, but don’t have a right to give statements during oral arguments. Members of the public can attend any appellate argument in person or online. Note: Colorado Court of Appeals usually limits oral arguments to 15 minutes per side, and the Colorado Supreme Court usually limits oral arguments to 30 minutes per side.
Parole or Parole Tail		After a person has been released from the custody of the Department of Corrections, they may be supervised for a period of time in the community. Different from probation.
Parole (or Probation) Officer	PO	Person who supervises a defendant’s parole or probation to monitor compliance with parole/probation terms.
Personal Recognizance Bond	PR Bond	See “Bond/Bail” above.
Plea Agreement/Bargain		When the defendant agrees to plead guilty to a particular charge(s) in return for something from the prosecutor (such as a less serious charge). This usually means that the defendant is convicted without the case having to go to trial.
Police Department	PD	Local law enforcement office, typically serving a city. If you live in a city, that is often the first place to start to make a police report.
Pre-sentence investigation	PSI	Probation investigates a defendant before the sentencing hearing. The victim is also contacted to describe the impact of the crime and give input on the sentence. Depending on the type of offense, certain evaluations of the defendant may be required. The judge uses the information from the investigation to decide a sentence.
Pre-sentence investigation report	PSIR	Probation’s report on the investigation before the sentencing hearing. The judge uses this information to decide a sentence. The victim may be allowed to get a copy of it, or to review parts of it with the district attorney. Other parts may be confidential.
Pretrial Services		The program that monitors whether the defendant is following the conditions (requirements) set by a judge for bond. The conditions may include electronic monitoring, monitoring of alcohol/drug use, a curfew, and enhanced supervision.
Probable cause	PC	A finding that there are reasonable grounds to believe that a crime happened and that the person charged committed that crime.
Probation		A sentence in a criminal case that requires a defendant to comply with specific requirements (for example: drug testing, classes, paying fines) instead of going to jail. Probation can be supervised by a probation officer or unsupervised. The level of probation supervision is decided by the probation department. Violation of probation terms will usually lead to the person being sent to jail. Probation is not the same as "parole" (parole is the supervised release of someone from the Department of Corrections (prison)).
Probation revocation		A court hearing to decide if a defendant has violated the terms and conditions of probation. At the end of the revocation hearing, the judge decides if probation should be restored or if the defendant should be sentenced to jail.
Pro bono		Legal representation without charge to the client.
Pro se		When someone represents themselves in a case and does not have an attorney.
Public Defender	PD	A defense attorney who is assigned to represent a defendant in a criminal case at no cost because defendants in criminal cases have a constitutional right to an attorney. A defendant has to meet certain income levels to be eligible for a Public Defender.
Reply Brief		The party seeking the appeal usually has a final opportunity to respond in a “Reply Brief” to the other party’s “Answer Brief”.
Record		The record contains arguments that were previously made in the trial court. Since the Court of Appeals is the reviewing court, it doesn’t accept new evidence. To review the facts of the case, the court must get the same information that the lower court had: this information is called the Record on Appeal.
Restitution		When a victim can document financial loss during the crime, the defendant can be ordered to pay those losses as part of their sentence in a criminal case. Restitution is usually paid into the court registry and then given to the victim. Restitution can only be ordered if the defendant is convicted of a charge.
Sequestration		A court order in certain hearings and trials. This order forbids witnesses from talking to each other about testimony and/or stops witnesses from being in the courtroom while others are testifying.
Sexual Assault Nurse Examination	SANE	Examination that a victim can request be done by a trained nurse or medical professional after a sexual assault or similar victimization. Can also be called an FNE exam.
Sexual Assault	SA	Shorthand for various crimes involving sexual violence.
Serious Bodily Injury	SBI	Description of more serious types of harm suffered by a victim. SBI is defined by statute and refers to specific types of injury.
Sex Offender	SO	A defendant may be required to register with the statewide sex offender database if they plead or are found guilty of certain crimes. Sex offender registry is government by statutes which determine which types of crimes require registry, and for how long.
Sheriff’s Office	SO	Local law enforcement, typically covering unincorporated county lands. If you do not live in an incorporated city, the sheriff’s office for your county is typically the place to start to make a police report.
Speedy/Speedy trial		In a criminal case, a defendant has the right to a trial within a short period of time. This is because being held in jail without trial is a violation of the "due process" provision of the U.S. Constitution. Charges must be dismissed if the period ends without trial. In Colorado, a defendant’s trial must be held within 6 months of their plea of not guilty. However, defendants often waive (give up) the right to a speedy trial in order to prepare a stronger defense.
Standards of Review		Standards of review help the court decide how to consider legal issues, or how much deference (weight or consideration) to give to the lower court.
Subpoena		An order of the court for a witness to appear at a particular time and place to testify and/or produce documents. Failure to appear as required when properly served with a subpoena can result in the issuance of an arrest warrant.
Time Served		A convicted person is given time off a sentence equal to the time already served in custody (for example, in jail). Also may be referred to as presentence confinement.
Traumatic Brain Injury	TBI	Injury to a victim’s brain.
Trial		Type of hearing where the prosecution is tasked with presenting evidence and calling witnesses to attempt to prove the defendant committed a crime. The defense may also present evidence or call witnesses, but is not required to do so. See “Bench Trial” and “Jury Trial” above.
Venue/Change of Venue		Refers to the location where a criminal case can be filed. Sometimes a party is asking to move the case to a different court or county.
Victim		The person against whom a crime has been committed.
Victim Advocate/Victim Witness Coordinator	VA or V/W	Usually refers to an employee of law enforcement or the DA’s office who provides support to victims. Victim advocates who work for law enforcement or the DA’s office are not confidential. There are also victim advocates who work at local nonprofits who are confidential.
Victim Impact Statement	VIS	Statement given or submitted by a victim in a criminal case that the judge will consider before sentencing. The statement can give information about the impact of the crime on the victim. The victim may also make a written or oral statement to the judge at the time of sentencing. A written victim impact statement will be provided to the defendant in discovery.
Victim Rights Act	VRA	Colorado law providing rights to victims of crime in certain criminal cases.
VINE Link	VINE	Victims can sign up to be notified when a person is released from jail (they do not apply to prison). These notifications may not be real-time.
Violation of Protection Order	VPO	Usually refers to the crime charged when someone has violated a mandatory protection order (MPO) or civil protection order (CPO).
Warrant		Authorization for law enforcement to arrest someone, or to search and seize evidence of a crime. A bench warrant may be issued by a judge if someone violates their orders or fails to show up for court.

Criminal Trial Flow Chart

Immediate Assistance

If you or someone you know is in immediate danger, call 911.

The following are crisis lines you can call for immediate assistance:

The Blue Bench
(victims of sexual assault)
303.322.7273
thebluebench.org

Colorado Crisis Services
(mental health, substance abuse, or emotional issues)
1.844.493.TALK(8255)
http://www.metrocrisisservices.org/

National Human Trafficking Resource Center
(victims of human trafficking or providers)
1.888.373.7888
Traffickingresourcecenter.org

National Suicide Prevention Lifeline
(individuals or concerned friends and family)
1.800.273.TALK(8255)
www.suicidepreventionlifeline.org

Safehouse Denver
(victims of domestic violence)
303.318.9989
www.safehouse-denver.org

SAMHSA Treatment Referral Helpline
(substance abuse and mental health)
1.877.SAMHSA7 (1.877.726.4727)
720-913-2000

Safety Planning

If you are in immediate danger, call 911.

“Safety planning” refers to making a personal plan to try to stay safe while in an abusive relationship, or when planning to leave, or after leaving that relationship.

Each person’s safety plan is unique. A safety plan might involve:

Getting things ready to be able to leave quickly, such as making a “go bag.”
Having “safe words” to alert other people when you are in danger or to tell them to go somewhere safe.
Asking friends and family for help.
Hiring a lawyer.
And more.

For more information on safety planning, go here.

To speak to someone in person about safety planning, please contact Safe House Denver.

Internet safety

Victims may want to search information on the Internet while making a safety plan. Sometimes abusers track where victims go on the Internet. To browse privately:

Chrome: under Menu, click New Incognito Window
Firefox: under Menu, click New Private Window
Internet Explorer: under Safety Menu, click InPrivate Browsing
Safari: under File, click New Private Window

To stop someone from seeing where you have been on the Internet, victims can clear their browsing history:

Chrome: under Menu, click History and recent tabs > History > Clear browsing data
Firefox: open a new tab and click the gear icon, click Clear browsing history
Internet Explorer: under Tools, click Safety > Delete browsing history
Safari: under the Safari menu, click Clear History and Website Data

Technology Safety for Victims

Sometimes abusers, ex-partners or other people take advantage of technology. Survivors may want to make a technology safety plan.

Some simple steps can help make your electronics safe:

Change the password on your phone, computer, and any online accounts (bank, credit card cell phone, social media). Changing passwords can make it harder for other people to watch what you do online, steal from you, or misuse your information.
Turn off location tracking and sharing on your phone to stop people from seeing where you are. You can do this under your phone’s location settings.
Switch to a device that no one else has used before. For example, change to a phone that an ex-partner has never used.

Security cameras, video doorbells, and other devices can tell you when someone comes up to or into your home. Sometimes ex-partners, abusers, and others misuse these devices, such as to spy on you. If you think any of your devises are being misused, you can:

Call the company that made the device to change your account information.
Change the router or network WiFi settings to get control over the system.

Techsafety.org has a lot of resources on technology safety for survivors, and can be found here: https://www.techsafety.org/resources-survivors

For more information on Internet and technology safety:
http://nnedv.org/resources/safetynetdocs.html

Tips for Testifying

The majority of victims who are subpoenaed to testify at trial have never done it before. It’s totally normal to be nervous. Just remember: Your only job is to tell the truth. No more, no less. This guidance was developed for use in criminal cases in Colorado. Please check your local jurisdiction for any variance.

Victim Impact Statement Guidance

Victim Impact Statement (VIS) Guidance

Please note: This guidance was developed for use in criminal cases in Colorado. Please check your local jurisdiction for any variance.

Overview

• You do not have to submit a VIS if you don’t want to.
• If you want to submit one you can do so in writing and/or orally at the sentencing hearing.
• It is not required that you prepare a written statement. However, because delivering a VIS can be an emotional experience, it is often helpful to have at least an outline written.
• One benefit of a written statement is that if you don’t feel up to reading it, someone else can read it for you (this can even be a last-minute decision if you have someone prepared to step in.)

Writing the VIS

• For the first few drafts, don’t sensor yourself. Set a timer if you want, or turn off your computer screen as you type, and just get it out. Say everything you want to say – don’t worry about spelling, grammar, or making something court-appropriate. Swear and go on tangents and whatever else might come to mind.
• Then, you can start to identify the pieces that feel most important to include and polish them.
• Some people prefer to do this with voice memos or by taking notes somewhere as they come up with things they want to say. That’s totally fine!
• The whole point of a VIS is to voice what impact the crime has had on you. This is both the action(s) of the defendant and the court process. So, if this has been a grueling, anxiety-producing, etc. process it is okay to name this here.
• It’s also a good time to express any desires you have around the sentence. Sometimes, crimes have a presumptive prison sentence range of 4-8 years, let’s say. Unless it’s specified in the plea deal, it’s often up to the judge to decide the length of the sentence. It’s completely appropriate to tell the
judge what you’d like to see happen. (Keeping in mind that a defendant typically serves half of their prison sentence).
• Note: If the defendant took someone’s life or altered someone’s life in a significant way (besides your own), you can speak to that loss by telling the court about that person. What they were like, what the world has missed out on because this person is no longer here/no longer the person they were, etc.

General Rules

• Though you should plan to say what you want to say, but it can be good to try to keep your statement to no longer than 5 minutes or so. Most judges are understanding and will not cut off a victim, but if your statement is long, they may.
• You cannot address the defendant directly. Your statement should address the court (i.e., the judge). Sometimes, judges will allow a loophole of “If I could tell the defendant something, I would want to say…” but there is always a chance the defense attorney will object and/or the judge will interrupt.
• Courtroom decorum is expected, so avoid any swearing or derogatory comments towards the defendant if possible.

Logistics

• The DA’s office may give a deadline of when the statement needs to be turned in. Anything turned in prior to the sentencing will be shared with the defense and the judge. Sometimes, that makes people nervous because the defense can use the statement for rebuttal and to make the defendant sound more worthy of empathy. The deadline you’re given is what the DA prefers, but technically a victim can keep working on their statement right up until they read it
• It’s not uncommon for people to feel lots of anxiety and/or get emotional as they read their statements. A support person, advocate, or even the DA may read the statement for you if you’d like.
• The defense will likely also make their case to the judge around what sentence they believe is appropriate. Typically, the defense speaks after victims and the DA. This is a time where they do everything they can to make the judge sympathetic to the defendant, and it can be very hard for survivors to hear. It’s completely okay to step out of the courtroom at that point and ask the DA’s victim advocate to let you know when it’s time to come back (this works virtually too).
• A judge may also allow people who support the defendant to speak. That can also be painful to hear, as they can go off the rails a bit and say not-so-nice things about the survivor. A judge shouldn’t stand for that, but things slip out. Again, you do not have to be present for this.

Final Thoughts

• Ultimately, a VIS is for you. It’s an opportunity to have your voice heard in a process that may have made you feel left out, silenced, etc. It can be cathartic and healing to write, even if you don’t end up sharing it. That said, if all it does is stress you out, there’s no pressure at all to have one. Make the choice that is best for you.
• Sentencing is often the culmination of lots of time, energy, conversation, scheduling and rescheduling, stress, etc. Sometimes, people find they get through sentencing and then all the feelings that have built up around a case hit them. It’s not unusual to feel depressed, to withdraw, to feel angry, to be exhausted… any reaction you have is a valid response.
• Sometimes, people beat themselves up for having reactions like that. They’ll say, “The hard part is over! Why am I having these feelings now?” It’s actually totally normal. You’ve dealt with the stressor (court, sentencing, sharing your VIS), but not the stress. That’s still in you.
• One of the best things you can do for yourself is to let your body process that stress. Cry, move your body, do some deep breathing, connect with people you love, write/paint/sculpt, etc. The possibilities are endless! Explore what might work for you.
• You have some time before post-sentencing topics like restitution or signing up for notifications need your attention. It’s okay to take a break and be as gentle with yourself as you need.

If you need help or have questions about preparing a victim impact statement, Rocky Mountain Victim Law Center can be a resource to you. Call 303-295-2001, send an email to intake@rmvictimlaw.org, or request to schedule an intake at https://www.rmvictimlaw.org/get-help

Victim Privacy

Victims have the right to keep their personal information private. For example, a victim’s information should never be shared with someone else unless the victim gives permission for it to be shared, or if it has to be shared by law because someone is a mandatory reporter.

Victims have a right to privacy. “Privacy” means a victim has the right to decide whether to share information with someone else. Victims should understand if their information will stay private before they share it or give permission for sharing.

Service Providers

Service providers, like police, therapists, advocate, and attorneys, have different rules about sharing information with other people. These are called “confidentiality” and “privilege”

Victims should always ask service providers about their policies for privilege and confidentiality before sharing any private information.

“Confidentiality” and “privilege” are designed to protect victims’ information.

“Confidentiality” means that an organization or agency promises to protect a victim’s information. People with confidentiality might have to share some information by law if they are mandatory reporters.
“Privilege” means a service provider is not allowed to share a victim’s information with an outside person or agency unless they give permission to do so. That permission is called “waiving privilege”.

A list of professionals who have “privilege” can be found here.

Before a service provider shares any information with outside people or agencies, for example, as part of coordinating services or making referrals, they should ask if you are okay with that. If you are, they might ask you to sign a form giving the permission to share the information the form is called a “Release of Information” or ROI.

Release of Information (ROI)

An ROI can be as general or specific as the victim would like. For example, one victim may give permission to only share their name and a specific detail about their case. Another victim may give permission to share case details, but not their name.

Here are two different ROI examples:

I [Victim Name] consent to [Service Provider Organization] sharing my name, offender’s name, and case details with [Specific Third Party].
I [Victim Name] consent to [Service Provider Organization] sharing my case details with other Service Provider Organizations but would like my name, contact information, and offender’s name to remain confidential.

ROI’s should have an expiration date, and a way for a victim to change their mind (revoke) their permission.

Victims should be careful about what information they give permission to share. When victims give -permission to share information, they give up their “privilege”. This means that other third parties may be able to access their information later.

If You are Asked for Information

Just because someone asks you for information does not mean that you have to share it. For example, the police or District Attorney may ask a victim to sign an ROI for their medical records, or may ask questions that feel too personal. It is important for victims to know that they can choose what to share. You can also speak with an attorney before deciding what to share.

Victim Rights

Crime victims and their families (including legal guardians) have the right, under the Victim Rights Act, to be treated with fairness, dignity and respect. If a victim is deceased or incapacitated, these rights may be exercised by the victim’s spouse, parent, child, sibling, grandparent, grandchild, significant other, or other lawful representative.

The Victim Rights Act protects victims of one or more of the following crimes:

Assault
Bias-motivated crime
Careless driving or failure to stop at an accident, resulting in death
Child abuse
Crimes against at-risk adults and at-risk juveniles
Crimes with an underlying foundation of domestic violence
Criminally negligent homicide and vehicular homicide
First degree burglary
Human trafficking
Incest and aggravated incest
Invasion of privacy for sexual gratification
Kidnapping
Manslaughter
Menacing
Murder
Retaliation against a judge, prosecutor, or juror
Retaliation, intimidation, or tampering of a victim or witness
Robbery
Sexual assault, unlawful sexual contact, and indecent exposure
Sexual exploitation of children and child prostitution
Stalking
Violation of a mandatory (criminal) protection order
Any criminal attempt, conspiracy, criminal solicitation, or accessory involving any of the crimes specified above.

After one of the above crimes has been reported to the police, victims should get the following information, in writing:

A copy of the Victim Rights Act and information about victim’s rights
A list of resources and services for victims, including crime victim compensation
Information about how to get a copy of the police report.

Crime victims have a right to:

Be given the police department case report number.
Have the name and contact information of the officer assigned to the case.
Be told when a suspect is taken into custody and released.
Be told what to do if the suspect or someone the suspect knows harasses the victim.
Have the address and telephone number of the District Attorney’s Office.
Have property returned when it is no longer needed for evidence.
Be told of the mandatory (criminal) protection order, any changes to the order and, if they ask, be told how to modify the protection order.
Be told about the status of the case.
Be told of a decision to not file charges.
Be told of any scheduling changes, if known in advance.
Have the court determine restitution and be informed of the ability to file a civil suit related to the same things
Be informed about any referral to community corrections and to submit a victim impact statement about that referral
Be informed of restorative justice processes
Get a copy of the police report when it can be made available
To not lose their job if they are subpoenaed to court
Be present and heard at all critical stages of the case.

At all critical stages of the criminal justice process, crime victims have a right to:

Be informed (told what is happening in the case).
Be present (attend hearings related to the case).
Be heard when relevant, including at dispositions, pleas, sentencing, and hearings to modify sentences.

Critical stages in a criminal case are:
*indicates a stage where a victim has a right to be present and heard.

filing of charges and decisions not to file charges
preliminary hearing*
bond reduction or modification*
arraignment hearing
hearings on motions
disposition/plea hearings*
trial
sentencing*
a subpoena for records about the victim’s medical, mental health, education or crime victim compensation*
appellate review
modification and reconsideration of sentences*
modification of a mandatory (criminal) protection order*
post-conviction DNA testing, and related hearings
certain probation and parole decisions and hearings
petitions by sex offenders to cease (end) registration
any hearing about a petition for expungement of juvenile records*
transfer, release, escape, and execution of convicted prisoners

Crime victims have the responsibility to:

Ask to get updates after sentencing.
Ask to get updates when an offender is released, moved or is on work release.
Ask to get yearly updates from the police about cold cases.
Give updated contact information to criminal justice agencies.

The Victim Rights Act does not cover:

Cases filed in municipal court
Civil Protection Order violations
Police misconduct
How a case is investigated
Decisions about whether criminal charges will be filed or not

Crime victims who have questions about their rights can contact Rocky Mountain Victim Law Center for more information.

This website gives information about the legal system, but does not give legal advice. To find affordable legal representation in your area, click here. To find information on legal clinics or legal resources, click here.

What to Expect in Court

Going to court can be stressful. Knowing what to expect may help victims and witnesses cope with the stress.

Before Court

Crime victims should talk to their victim advocate, district attorney or hired counsel (lawyer) before the court date to:
- Make sure the date and time are correct. Sometimes, hearing dates change or are “held over” or “continued”, this means the date is delayed.
- Find out what you need to bring to court, such as documents or evidence.
- Talk about witnesses you would like to bring.
- Talk about any other concerns, especially safety concerns, you have coming to court. Accommodations may be available to you.
You should also:
- Make sure you have childcare for any minor children who do not need to be at court. Childcare is available for you in Denver while going to court proceedings. You can find information about court childcare by calling 720-865-9930.
- You may want to have a close friend, family member, or other supportive person go to court with you.
- Make sure you have transportation to and from the courthouse. If you do not have transportation to court, tell your victim advocate, district attorney or hired counsel (lawyer). It is your right to be present and heard during certain critical stages of the process as a victim of a crime.
- Make sure that you have directions to the courthouse and know where to go in the courthouse. If you are driving, make sure you know where to park.
- Ask for a contact number for your victim advocate or lawyer that you can use the day you need to be in court.

Arriving at Court

Be prepared to go through security. Your bags and personal items will be scanned and may be searched. Common items not allowed in the courthouse are pocketknives, knives, mace, and other items. Do not bring these items to the courthouse.

Safety at Court

Safety may be a big concern for witnesses and victims of crime. If you feel scared, intimidated or threatened, tell a police officer, lawyer, victim advocate or other support person.

In most courts, everyone goes into the court by the same entrance. You may see the accused or their family somewhere inside or outside the courthouse.

Talk with your victim advocate, the district attorney, or hired counsel (lawyer) about how to prepare for this situation.
Check with your victim advocate or district attorney to find out if there is a secure room where you can wait before you go into court. A secure room may not be available, so you must check first.
Protection orders still apply in the courthouse and in courtrooms, so any violations can be reported to the court or the police.

Court Times and Breaks

Court times are different from court to court. Court can take longer than expected.

Come prepared with water and snacks for yourself because there may not be food available near the courthouse.
Often food is not allowed in the courtroom and must be eaten outside in the hallway or other room. Keep any water and snacks in a bag when you are in the courtroom.

Courtroom Rules

The courtroom is a formal setting. There are many rules and behaviors that are expected. You may want to talk about the specific rules of the courtroom you are in with your victim advocate or lawyer before court. Here are basic rules of most courtrooms:

Arrive on time.
Turn off electronic devices and cell phones before entering the courtroom
Do not use electronic devices or cell phones while court is in session.
Be polite to the judge, opposing counsel and court staff.
Stand up when the judge and jury come in and leave the courtroom.
Stand when speaking to the judge.
Do not interrupt others while they are talking.
Refer to the judge as “your honor.”
Direct all concerns and remarks to the judge and not opposing counsel.
If you don’t understand something, ask questions to your victim advocate, district attorney or hired counsel.

Understanding the Court Process

Your Rights as a Crime Victim in Colorado