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Frequently Asked Questions

Questions related to being a Witness

  1. How am I going to get information about my case?

    Once the case has been filed with our office you will be assigned to a DA advocate. The DA advocate's job is to help you understand what is going on in this case as well as to refer you to resources within the community that will be able to serve you during this time. The DA advocate will contact you both by telephone and letter. They can also use email if that is your preferred communication method. Your DA advocate will mail you information about upcoming court dates as they are scheduled by the Court. Your DA advocate will also make reasonable attempts to contact you by phone, email or postal service to notify you of various critical stage events during this process.

  2. What are critical stage events?
    • The filing of charges against a person accused of a crime
    • Decision not to file charges against a person accused of a crime
    • The preliminary hearing
    • Any bond reduction or modification hearing where the request is made for a bond lower than the scheduled or customary amount for the specific charges
    • The arraignment of a person accused of a crime
    • Any hearing on motions concerning evidence matters or pre-or post-plea relief
    • Any subpoena for a victim's medical, mental health, education, or victim's compensation records
    • Any disposition of the complaint or charges against the person accused
    • The trial
    • Any sentencing hearing
    • Any appellate review or appellate decision
    • Any subsequent modification of the sentence
    • Any probation revocation hearing
    • Any attack on a judgment or conviction
    • The filing of any complaint, summons, or warrant by the probation department for failure to report to probation or because the location of a person convicted of a crime is unknown
    • Any petition by a sex offender to terminate sex offender registration
  3. What is court like?

    The first floor of the Justice Center has a security station. Officers are present to keep you safe. Once you go through security you will make your way to the appropriate courtroom or to the District Attorney's Office on the 2nd floor. Once at the DA's office your DA advocate will accompany you to court at your request.

    Each court event is attended by any defendant, their family, friends or supporters, the attorneys for the prosecution and the defense, any victims and their families, friends or supporters, and the Judge and court staff. Cases are then called based on docket number.

    The language and style of the court is very different from day to day interactions. However, each member of the court process recognizes being in court can be stressful and intimidating . The DA staff and your DA advocate will answer your questions and help you understand what is going on.

  4. What are the different stages in a court case? Why does it take so long?

    See the process flow charts for Felonies, Misdemeanors, and Juveniles.

    Misdemeanor Cases

    Arrest
    After a crime occurs, a law enforcement officer is responsible for apprehending, arresting and booking or citing the suspect. The accused may be held in custody or released. The officer provides the District Attorney with a Declaration in Support of Complaint.

    Filing Complaint
    The District Attorney reviews case facts and makes a decision as to which charges to file in a document called a "Complaint." If the evidence is insufficient to prosecute, the DA may decide not to prosecute or to have law enforcement investigators pursue further evidence. Complaints are assigned Docket numbers.

    Arraignment/Plea
    An arraignment is the first court appearance of a defendant and is rarely attended by victims. The purpose is to officially inform the defendant of the charges filed. If the defendant appears with an attorney, he or she may also enter a plea at this time. If the defendant cannot afford a private attorney, a Public Defender will be appointed to provide legal representation at reduced hourly rates based on the defendant's ability to pay.

    Once counsel is retained, the defendant may enter a plea of guilty, not guilty or nolo contendre ("no contest," meaning the defendant is not going to fight or "contest" the charges). In terms of sentencing, a "nolo" plea is treated the same as a guilty plea.

    Pre-Trial Conference
    There may be several pre-trial conferences and motions in which the judge, attorneys and defendant make decisions regarding bail reduction, evidence discovery and admissibility, trial schedules, and plea bargains. In misdemeanor cases, if an acceptable plea bargain is reached, sentencing may occur immediately, therefore, it is important that victims who so desire prepare Victim Impact Statements in advance so they are part of the court's record.

    Jury Trial / Court Trial
    If no plea agreement is reached at a pre-trial conference, the defendant has a choice of trial by judge ("court trial") or jury. Trials are open to the public, but witnesses are usually excluded from the proceedings until their testimony is concluded and the judge excuses them.

    Trial days generally begin at 9 AM and conclude at 5 PM with breaks mid-morning, at lunch, and mid-afternoon.

    Jury Selection
    If jurors are needed, the defense and prosecution select twelve people plus alternates on the first day of trial. This can take hours or days, depending on the seriousness of the charges.

    Opening Statements
    Once the jury is seated, first the prosecutor and then the defense attorney will present opening statements outlining the case and what they intend to prove. Statements are generally less than an hour in length.

    Witnesses
    Prosecution witnesses testify first and are then "cross-examined" by the defense. The prosecutor may then "rebut" any issues raised by the defense. Following testimony, most witnesses are excused and can then attend the trial if they wish.

    Sometimes, witnesses are "subject to recall," in which case they need to remain available and avoid exposure to others' testimony.

    Defense witnesses testify next and are cross-examined by the prosecution. Defendants generally do not testify on their own behalf, as they are presumed innocent and it is the prosecution's responsibility to prove otherwise.

    Closing Arguments
    The prosecution gives a closing argument, explaining to the jury how the evidence presented supports the charges. This is followed by the defense attorney who argues the defense viewpoint. In conclusion, the prosecutor gives a final argument. Closing arguments are not evidence, and cannot be considered by the jury.

    Verdict
    Following the trial, the jury is given instructions by the judge explaining legal matters pertinent to determining a verdict. The jury then retires to "deliberate" and seek a unanimous conclusion. If it is a court trial, the judge will retire to chambers to consider his or her decision.

    When a verdict is reached, the bailiff notifies court personnel to return to the courtroom. A jury verdict document is given to the judge and then read aloud by the court clerk. The jury returns a verdict of guilty, not guilty, or they are unable to reach a verdict.

    Pre-Sentence Report
    Following the verdict in some misdemeanor cases, the judge requests a Pre-Sentence Report from the Probation Department to provide a sentencing recommendation. The assigned probation officer conducts an investigation that considers the defendant's background, "aggravating" and "mitigating" factors, the impact of the crime on the victim's life and property, and penal code sentencing terms. The Pre-Sentence Report generally takes several weeks to prepare and is a valuable, comprehensive, objective guide for the judge.

    Sentencing
    At the sentencing. the judge considers oral and written impact statements from victims, statements on behalf of the defendant, arguments by the attorneys, legal requirements for fixed sentences, and, if it was requested, recommendations in the Pre-sentence report.

    In addition to any jail term, the judge may order the defendant to reimburse the victim for financial losses (restitution), pay fees for probation and rehabilitation services, and pay a fine to the California Victims of Crime Compensation Program to help other victims. The defendant may be remanded to jail immediately or given a surrender date, depending on various factors.

    Felony Cases

    Arrest
    After a crime occurs, a law enforcement officer is responsible for apprehending, arresting and booking or citing the suspect. The accused may be held in custody or released. The officer provides the District Attorney with a Declaration in Support of Complaint.

    Filing Complaint
    The District Attorney reviews case facts and makes a decision as to which charges to file in a document called a "Complaint." If the evidence is insufficient to prosecute, the DA may decide not to prosecute or to have law enforcement investigators pursue further evidence. Complaints are assigned Docket numbers.

    Arraignment/Plea
    An arraignment is the first court appearance of a defendant and is rarely attended by victims. The purpose is to officially inform the defendant of the charges filed. If the defendant appears with an attorney, he or she may also enter a plea at this time. If the defendant cannot afford a private attorney, a Public Defender will be appointed to provide legal representation at reduced hourly rates based on the defendant's ability to pay.

    Once counsel is retained, the defendant may enter a plea of guilty, not guilty or nolo contendre ("no contest," meaning the defendant is not going to fight or "contest" the charges). In terms of sentencing, a "nolo" plea is treated the same as a guilty plea.

    Pre-Trial Conference
    There may be several felony conferences wherein the judge, attorneys and defendant make decisions regarding bail reduction, evidence discovery and admissibility, schedules, and plea bargains. If an acceptable plea bargain is reached, sentencing is deferred to a later date.

    Preliminary Hearing

    In felony cases, there is a preliminary hearing where witnesses testify before the judge, who determines if there is sufficient evidence to support the charges and proceed forward with the case. It is a "mini-trial," with the same structure as a jury trial, but the burden of proof is lower. The prosecutor needs to prove that it is more likely than not the crime occurred and was committed by the named defendant. If this is proven, the defendant is "Held to Answer" and the case moves forward. Victims do not always have to testify at a "Prelim."

    Jury Trial / Court Trial

    If no plea agreement is reached at a pre-trial conference, the defendant
    has a choice of trial by judge ("court trial") or jury. Trials are open to the public, but witnesses are usually excluded from the proceedings until their testimony is concluded and the judge excuses them.

    Trial days generally begin at 9 AM and conclude at 5 PM with breaks mid-morning, at lunch, and mid-afternoon.

    Jury Selection
    If jurors are needed, the defense and prosecution select twelve people plus alternates on the first day of trial. This can take hours or days, depending on the seriousness of the charges.

    Opening Statements
    Once the jury is seated, first the prosecutor and then the defense attorney will present opening statements outlining the case and what they intend to prove. Statements are generally less than an hour in length.

    Witnesses
    Prosecution witnesses testify first and are then "cross-examined" by the defense. The prosecutor may then "rebut" any issues raised by the defense. Following testimony, most witnesses are excused and can then attend the trial if they wish.

    Sometimes, witnesses are "subject to recall," in which case they need to remain available and avoid exposure to others' testimony.

    Defense witnesses testify next and are cross-examined by the prosecution. Defendants generally do not testify on their own behalf, as they are presumed innocent and it is the prosecution's responsibility to prove otherwise.

    Closing Arguments
    The prosecution gives a closing argument, explaining to the jury how the evidence presented supports the charges. This is followed by the defense attorney who argues the defense viewpoint. In conclusion, the prosecutor gives a final argument. Closing arguments are not evidence, and cannot be considered by the jury.

    Verdict
    Following the trial, the jury is given instructions by the judge explaining legal matters pertinent to determining a verdict. The jury then retires to "deliberate" and seek a unanimous conclusion. If it is a court trial, the judge will retire to chambers to consider his or her decision.

    When a verdict is reached, the bailiff notifies court personnel to return to the courtroom. A jury verdict document is given to the judge and then read aloud by the court clerk. The jury returns a verdict of guilty, not guilty, or they are unable to reach a verdict.

    Pre-Sentence Report
    Following the verdict in felony and some misdemeanor cases, the judge requests a pre-sentence report from the Probation Department to provide a sentencing recommendation. The assigned probation officer conducts an investigation that considers the defendant's background, "aggravating" and "mitigating" factors, the impact of the crime on the victim's life and property, and penal code sentencing terms. The pre-sentence report generally takes several weeks to prepare and is a valuable, comprehensive, objective guide for the judge.

    Sentencing
    At the sentencing. the judge considers recommendations in the pre-sentence report, oral and written impact statements from victims, statements on behalf of the defendant, arguments by the attorneys, and legal requirements for fixed sentences.

    In addition to any jail term, the judge may order the defendant to reimburse the victim for financial losses (restitution), pay fees for probation and rehabilitation services, and pay a fine to the California Victims of Crime Compensation Program to help other victims. The defendant may be remanded to jail immediately or given a surrender date, depending on various factors.

  5. Will I have to testify in trial against the person who harmed me?

    The Office of the District Attorney will make every effort to prepare you for testimony, should it be required. Most cases are resolved through the use of a plea agreement or "plea bargain" and will not require you to testify in Court. However, should a case be set for a trial to Jury or a trial to Court, you will be required to testify.

    If you are subpoenaed to testify in court you will take the witness stand, be sworn in, and sit down. The witness stand is located in an area near the Bench, which is where the Judge sits, and across from the Jury Box, where a jury sits in the case of a Jury Trial. The defendant and his/her attorney(s) sit at a table nearby. You do not need to look at the defendant but he or she will be present throughout your testimony. A defendant is not allowed to make any sort of contact with you, verbally or through facial expressions, and is not permitted to intimidate you in any way. If you feel as though you are being intimidated by the defendant, please tell your DA advocate or the prosecutor.

    • Be Truthful
      Just tell the facts as you know them, simply and concisely. Don't guess or speculate about an answer, even if you think you should know the answer. If you don't understand a question, ask that it be explained.
    • Answer Only the Question Asked
      The DA will guide you through a sequence of questions, many of which can simply be answered "yes" or "no." Do not try to say everything at once or volunteer information.
    • Remain Calm and Courteous
      Slow down and think before you respond. Being courteous makes a good impression on the court and jury. Wait until a question is finished before answering. Don't try to outwit your questioners or lose your temper because it may diminish the impact of your testimony.
  6. Does my child have to be a witness or testify in this case? Can the video of his/her interview be used?

    In most cases, a plea agreement can be reached that will protect a child victim or witness from having to testify in a court of law. However, in some cases a child witness testimony will be required. If the child is very young or impaired, there may be some provision to allow a video of his or her interview to be used. Otherwise, the child witness will testify on the stand before the Court. If this should be required, the prosecutor, DA advocate and the child's parent or guardian will work closely with the child witness to prepare them for trial.

  7. I do not want to testify in court.

    The idea of testifying in a Court of Law can strike fear into even the experienced legal personnel. The staff of the Office of the District Attorney will work with you to prepare you for what you might expect and help you understand the process. Please remember that once you've been served with a subpoena you are legally obligated to testify in Court, even if you don't want to. The Court can issue a warrant for your arrest if you fail to appear.

  8. The defendant's attorney or someone from that attorney's office is calling me.

    The defense has a right to contact you in order to pursue their investigation. You have the right to speak with the defense, but are not obligated to. If you have questions or concerns, please contact your DA advocate.

  9. I just got a subpoena.

    You may either be subpoenaed by the prosecution or the defense. If you are subpoenaed by the defense, please let your DA advocate know. If you are subpoenaed by the prosecution, your DA advocate, along with our witness coordinator, will keep in contact with you to notify you of when you may need to testify in court and the amount of time your testimony may take. You will then come to our Private Victim Witness Waiting Room where you may watch TV, talk on the phone, read books, play cards or simply hang out while waiting for your time to testify.

  10. What are some of the possible outcomes of my case?

    There are a number of possible disposition in a criminal case. A case may proceed to conviction and sentencing. A person can only be sentenced after he or she is convicted of a crime. A person can only be convicted after a guilty plea or a finding of guilt after a trial.

    There are a variety of sentencing possibilities and ranges that are determined by law. Within that range the Judge determines the sentence. Options can range between fines, probation or imprisonment or some combination of these.

  11. What is the plea agreement all about?

    Most convictions are the result of a plea agreement. A plea agreement is the result of negotiations between the prosecutor and the defendant. Once agreed upon, the plea agreement is presented to the Judge for approval. A plea agreement involves offering the defendant some incentive, such as a moderate lessening of the charges or possible consequences in exchange for a guilty plea without a trial.

  12. I do not like the plea agreement made with the defendant in my case.

    The Office of the District Attorney is legally responsible for treating similar cases similarly and, as such, may make a plea agreement that you do not agree with. The prosecutor will meet with you, at your request, in order to answer any questions you may have about the plea agreement and explain how he or she arrived at the offer. Please consult your DA advocate if you'd like to schedule a meeting with a Deputy District Attorney.

  13. Is there free parking at the Justice Center?

    Much of the close up parking is in areas subject to time limits or parking fees. There is a parking structure on the southwest corner of LaPorte and Mason Parking which is directly across the street from the Justice Center. The first hour is free, then it is $1.00 for each additional hour. See downtown parking map.

  14. The subpoena says I can call a number to see if I am needed. Why would I need to do that?

    It is possible the defendant and their attorney may elect to enter a plea or the case may be continued at any point prior to the start of court. The district attorney provides two ways to check on the statuts of your subpoena. You may go to the DA webpage and enter your subpoena identification number (sid) or you may call (970 498-7182 and enter the sid. You will receive a response with the latest information. This could occur even minutes before your appearance is required. Calling may save a trip to the judicial center.

  15. I have a question about the subpoena or I have a conflict with the schedule and would like to speak with someone.

    If you have questions concerning this subpoena, please call our witness coordinator at (970) 498-7280 during office hours (8am to 5 pm, Mon-Fri).

  16. I have received a subpoena for a case and live out of state. Do I need to make travel arrangements so that I may attend?

    No, if you have been subpoenaed by the prosecution, victim witness staff will coordinate with you to make and purchase travel arrangements such as lodging, airfare, shuttle or similar assistance. You will be contacted directly by one of the witness coordinators closer to the court date. This will provide a much better chance the travel will actually be needed since dates do change frequently. If you have questions, please call a witness coordinator at (970) 498-7280 during office hours (8am to 5 pm, Mon-Fri).

Financial Questions

  1. How do I get my money back?

    Restitution is the process of having the defendant pay the victim back, through the Courts, for any expenses incurred as a direct result of the crime. If you have incurred out of pocket expenses or other economic loss because of your victimization you have a right to request the Court order the defendant(s) to reimburse you. If you are listed in the law enforcement incident reports as a crime victim, you will receive a "Victim Impact Statement"in the mail after criminal charges are filed. If you don't receive one or have questions about restitution, please call our Restitution Coordinator at 970-498-7284.

    You will need to provide documentation for any losses incurred and the Restitution Coordinator may be able to assist with what will be needed.

  2. How do I get my things back?

    If the police have collected certain items from you for evidence, those can be released to you after a disposition of the case. The items will only be released once they are no longer needed for evidence. Please call your DA advocate and let them know you would like property released. Your DA advocate will explain the process to you and assist you in completing this task.

  3. I have lots of bills that I can't afford to pay, what can I do about them?

    If your bills are the result of this crime, you can apply for Crime Victim Compensation.

  4. I already filled out and returned my Victim Impact Statement, when will I get money or get my medical or other bills paid?

    Restitution will be ordered at the disposition of the case. Once the Judge orders restitution, the defendant will work with the Collections department of the Courts to make payment arrangements. If you have any questions about those payment arrangements please call the Collections department of the Courts at 970-498-6139.

  5. I just realized that there was a deadline for returning my Victim Impact Statement. Is it too late to send it in now?

    The District Attorney's Office will use that VIS in order to make certain that they have information about any restitution that you are owed as well as any input you'd like to provide. Please fill it out and return it to our office at your earliest convenience. If you are nearing the deadline in the accompanying letter, please call the Restitution Coordinator at 498-7284 for additional directions.

Legal Terms

  1. What do all these legal terms mean?

    Advisement: A court hearing at which defendants are notified of their rights, the charges against them and the possible penalties they face.

    Affidavit in Support of Warrantless Arrest: When defendants are arrested without a warrant and are to be incarcerated in a jail, peace officers submit affidavits containing the facts upon which the arrests were based. A court then reviews these affidavits for defendants who remain in custody to determine whether there was probable cause for their arrest.

    Appeal: A written request of an appellate court to review a jury verdict or a judge's ruling. In criminal cases, defendants may ask an appellate court to review the propriety of their convictions or sentences. In misdemeanor cases, a district court serves as the appellate court of first resort for a defendant's appeal. In felony cases, the Court of Appeals is the appellate court of first resort for a defendant's appeal. The Supreme Court reviews some cases decided by both the district courts and the Court of Appeals.

    Acquittal: A finding of not guilty by a judge or a jury

    Arraignment: A court hearing at which a defendant has his or her first opportunity to enter a plea to the charges. If a plea disposition has been reached, the defendant would plead guilty to an agreed upon charge. If no plea disposition has been reached, a defendant usually pleads not guilty to the charges. In a few cases, defendants plead not guilty by reason of insanity at the time of the arraignment.

    Arrest Warrant: A court order that allows police officers to take a defendant into custody.

    Bail or Bond: One of the ways in which a defendant can be released from custody or jail and remain at liberty while awaiting trial. There can be various kinds of bonds, including personal recognizance bond (an unsecured, written promise to appear); a co-signed bond (another person executes a promise that he or she will ensure that the defendant appears when told); a cash bond (secured by money); a surety bond (a bond secured by a bondsman); or a property bond (a bond secured by realty, like a house). Judges determine the amount and type of bond.

    BOND HEARING: A court appearance shortly after arrest at which the suspect is advised of the charges against him and the court sets an amount of money to be held by the court to assure the defendant's appearance as scheduled after being released from custody

    Burden of Proof: The prosecution must prove the defendant committed all the essential elements of the crime to the jury's or court's satisfaction beyond a reasonable doubt.

    Charge: This is the government's allegation against a defendant, as in, "Mr. Jones has been charged with third-degree assault."

    Concurrent Sentence: Upon conviction of multiple crimes, a concurrent sentence means the defendant serves all sentences at the same time.

    Consecutive Sentence: Upon conviction of multiple crimes, a consecutive sentence means the defendant serves one sentence before serving the next sentence.

    Continuance: A postponement of a trial or hearing to a later date, which can be granted only by the court.

    County Court: As far as criminal cases are concerned, the county court is the court that handles proceedings in traffic and misdemeanor cases.

    Conviction: A find of guilty by a judge or a jury

    Defendant: A person charged with having committed a crime.

    Deferred Judgment and Sentence: Defendant enters a guilty plea to a criminal charge, but sentencing is postponed for a specified length of time. If the defendant complies with conditions established by the judge, the case is dismissed.

    Disposition: A plea agreement; a means of resolving a case without a trial

    District Court: As far as criminal cases are concerned, the district court is the court that handles proceedings in felony cases, as well as appeals from county court cases.

    Extradition: The process by which a fugitive who has committed a crime in one state and has fled to another can be returned to the original state to face charges.

    Felony: A serious charge that carries a potential sentence of incarceration in prison. In Colorado, people who are incarcerated for felony convictions lose the right to vote until they are released from parole.

    First Appearance: A court appearance where the Judge/Magistrate informs the defendant of the charges that have been filed against him/her. The Judge/Magistrate determines if the defendant wants representation by a defense attorney. If so, the Judge/Magistrate sets another court date to give the defendant time to obtain a defense attorney. In some instances, defendants plead guilty at the First Appearance and may ask for immediate sentencing.

    Further Proceedings: A continuance of the case until certain issues can be decided.

    Grand Jury: A group of citizens, selected by the district attorney and the court, which hears evidence in a secret session and makes a determination whether there is probable cause to believe that a defendant has committed a crime.

    Indictment: A document issued by a grand jury, which has determined that there exists probably cause to believe that a defendant has committed a criminal offense, that charges the defendant with the crime.

    Information: A document issued by a district attorney's office that charges a defendant with a crime.

    Misdemeanor: A less-serious charge than a felony. Misdemeanor charges carry a potential sentence of incarceration in a county jail, probation, fines, treatment or useful public service.

    Motions Hearing: A hearing at which the judge decides legal and factual matters brought up by the attorneys prior to trial. Examples of common motions include (1) a motion to suppress evidence from use at trial because the defendant alleges that the search that discovered the evidence was illegal, and (2) a motion to suppress the defendant's statement from use at trial because the police allegedly did not follow the appropriate procedure before the statement was made.

    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.

    Parole: The early release of a person from prison under supervision.

    Penalty Assessment: A type of summons and complaint, normally used in civil traffic infractions, that allows a person to mail in a fine and agree that a certain number of points will be assessed against his or her driving privileges without having to go to court.

    Petty Offense: Charges that are less serious than misdemeanors.

    Plea: A defendant's formal response to the charges, normally given in open court. The most frequent pleas are "guilty" or "not guilty." Less common are pleas like "not guilty by reason of insanity."

    Plea Agreement or Disposition: A method whereby the defendant and the prosecutor reach a disposition of the case, which is mutually agreed upon, subject to the approval of the court. This procedure of settling cases can result in a reduction of judicial time and expense as well as a reduction of the stress felt by victims and witnesses.

    Plea Disposition: An agreement between a defendant and the prosecutor to resolve the charges in a case instead of going to trial. One example of a plea disposition is that a defendant agrees to plead guilty to a lesser charge in exchange for the prosecutor's agreement to dismiss a more serious charge. Another example is a defendant agrees to plead guilty to the charge in one case in exchange for the prosecutor's agreement to dismiss another case.

    Preliminary Hearing: A court hearing at which the judge determines whether there is probable cause to believe that the defendant committed the crime or crimes charged. Preliminary hearings are only available in certain felony cases.

    Pre-Trial Conference: A meeting between the prosecutor and the defendant or his attorney to discuss a possible resolution of a case without going to trial.

    Probation: The release, under conditions of good behavior, of a person convicted of a crime as an alternative to imprisonment with the supervision of the probation department.

    Probation Revocation Hearing: A hearing where the prosecution informs the Judge/Magistrate that the defendant has not been in compliance with the conditions of Probation. Such non-compliance may be in the form of committing new criminal acts or not following through with the conditions of the sentence.

    Reconsideration: A process whereby the offender may request the court reconsider the length or terms and conditions of a sentence.

    Restitution: A judge orders the defendant to pay the victim an amount for fiscal losses or personal injuries caused by the crime as a condition of the defendant's sentence.

    Restitution Hearing: A hearing in which the Judge/Magistrate determines exactly how much restitution will be ordered to be paid to the victim by the defendant.

    Search Warrant: A court order that authorizes the police to search a described place, such as a home or a business.

    Sentence: The punishment given, by a judge, to a defendant upon conviction or plea to a crime.

    Sentencing Hearing: The hearing at which the judge imposes sentence. A sentence can, for example, be an order that the defendant be incarcerated in a jail or a prison, a placement of a defendant in a community corrections facility, requiring a defendant to submit to the supervision of the probation department, the imposition of a fine or a requirement that a defendant perform useful public service.

    Sentencing: The Judge/Magistrate imposes sentencing conditions upon the defendant. The sentencing occurs after the defendant has been found guilty at trial or after he/she has entered a guilty plea.

    Status Hearings: Appearances in court to advise the court of the current status of the case, progress toward resolution, problems encountered, etc.

    Subpoena: A written court order to a person to attend court to be a witness or to bring specified items or documents to court.

    Summons: A document, served upon a defendant, which orders the defendant to appear at a specified date and time in order to face charges. Less serious felony cases are initiated when defendants are served with a copy of information and a summons.

    Summons and Complaint: A document served upon a defendant by police officers that combines a misdemeanor or petty offense charge with an order requiring the defendant to come to court to answer the charge at a specified date and time.

    Testimony: Statements made in court by competent witnesses under oath.

    Traffic Infractions: Civil traffic tickets that only carry the possibility of a fine and points against one's driving privileges.

    Trial: An examination of fact and law at which a defendant's guilt is determined by a jury or judge. It is the prosecution's burden to establish all of the elements of the crime or crimes charged beyond a reasonable doubt.

    Trial to a Jury: The prosecution presents evidence to a jury of 12 persons (6 person is the case is a misdemeanor). The jury will listen to evidence provided by the prosecution (including the testimony of the victim and witnesses). The jury members must be convinced of the defendant's guilt "beyond a reasonable doubt" in order to return a guilty verdict.

    Trial to the Court: The prosecution presents evidence to the Judge/Magistrate. Based on evidence provided by the prosecution (including the testimony of the victim and witnesses), the Judge/Magistrate will determine the defendant's guilt or innocence.

Questions about my Crime Victimization

  1. The Court has issued a No Contact Order and I don't think I need one.

    As a victim in a case, you can appeal to the Courts to have a No Contact Order modified or "lifted". To do so you must file a motions form with the Clerk of the Courts. You can obtain a blank motion by going to the Clerk of the Courts office in Fort Collins or Loveland or you can download one at Protection Order Forms. Once you've filled it out you can file it in the appropriate criminal case. The Judge or Magistrate of that division will consider your motion at the next scheduled court date. If you choose to be present at that next court date, the Judge or Magistrate may ask you to address the Court and answer some questions as to your reasons for modifying or lifting the No Contact Order. It is up to the Judge or Magistrate whether or not to grant your request. You can re-apply before the Court again should your request be denied.

  2. I don't feel like a victim.

    In Victim Rights jargon, victim means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan as crime is defined under the laws of this state or of the United States, or, if a person is deceased or incapacitated, the person's spouse, parent, child, sibling, grandparent, significant other, or other lawful representative.

  3. I didn't realize that a criminal case would come from calling the police and I want the charges dropped.

    Only the District Attorney's Office can make a decision as to whether or not charges will be filed or dropped. However, the prosecution will take your wishes into account. The prosecution will also take into account the nature of the crime, the previous history of the defendant and many other factors when making their decision.

  4. I am having trouble keeping it together after the crime. Can you refer me to any assistance in the community?

    Please see the Resources Section for Personal Violent Crimes or the Resources Section for Property Crimes.

  5. Where do I get forms for a Protection Order?

    Please see Protection Order Forms

  6. I had my identity stolen and then presented to law enforcement. How can I get my name off criminal records?

    Under section 16-5-103, C.R.S., a Motion may be filed with the Court to determine factual innocence for a person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction. It is best if you contact the District Attorney's Office Victim Coordinators in the County where you believe the arrest, summons, summons and complaint, felony complaint, information, indictment or conviction occurred. Additional information and the necessary forms can be found at http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/36.

Questions about Safety

  1. I have been the victim of an assault or harassment and I would like to file charges.

    In order to file charges against someone you must first call the police department or sheriff's department for your jurisdiction. Please see the To Report a Crime Section.

  2. I have been the victim of domestic violence and I don't know where to turn for help.

    Please review the Resources Section for Domestic Violence.

  3. I have been threatened or warned not to testify in this case and I don't feel safe doing so.

    The Office of the District Attorney takes all witness intimidation very seriously. Please call our office if you feel as though you are being threatened. If you are in danger, please call your local law enforcement office immediately.

  4. My attacker is out of jail and on bond and I'm scared he/she may come after me again.

    Many people who have been victimized are frightened of being contacted or hurt again. The Courts have issued a No Contact Order protecting you against ongoing contact. If that No Contact Order is violated, either directly, by a third party or by phone, letter or email, please call the police and notify them. They will enforce the No Contact Order. You can also contact the Police Department in your jurisdiction and ask for increased patrols in your area.

  5. I don't want my address or phone number given out to anyone.

    Please advise your Victim Witness Specialist of your request. It may be possible to honor your request and they will be able to provide more information. If you have moved or are considering a move, another possible option is the Address Confidentiality Program which provides an address protection service. Colorado statutes prevent any party at any court proceeding from compelling testimony regarding a victim's address, telephone number, place of employment, or other locating information. You may also request law enforcement to not release your personal information by contact them directly.

  6. Will my conversations with my DA advocate be kept confidential?

    DA Victim Witness Specialists have a professional duty to refrain from speaking to others about certain matters. They should keep information confidential unless the situation warrants reporting, such as safety, a need to know, and mandatory reporting, otherwise your information will remain protected. Do not hesitate to talk to your DA advocate if you have further questions.

  7. How do I make a Safety Plan?

    Please see our Safety Plan Section.

  8. Where do I get forms for a Protection Order?

    Please see Protection Order Forms