LINC: Learn | Rocky Mountain Victim Law Center

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.

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.

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 information and resources to help with basic needs:

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, please visit The Hotline.

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

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.

Common Terms

Below is a list of phrases crime victims may hear when trying to get their legal needs met.

Adjudicated: The outcome (disposition) of a juvenile criminal case.

“Adjudicated” can mean that a juvenile has been convicted.
“Adjudicated” can also mean the court decided a child was abused and/or neglected.

1st Advisement: A hearing when the judge tells a defendant of the charges against them.

2nd Advisement: A hearing when the judge tells the defendant of the formal filing of charges against them.

Arraignment: A hearing when the judge tells the defendant the criminal charges and the defendant’s rights. Also, the defendant enters a plea. The defendant may plead guilty, not guilty, or not guilty by reason of insanity.

Bond: The reason for a bond is to make sure that a person set free from custody (for example, jail) will appear for all future court dates. The bond may require the defendant to post (give) cash or property. The cash or property is sometimes called “bail”. 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.

Bench warrant: An arrest warrant issued by the court for a person who violated the judge’s orders.

CA or CAO: The City Attorney's Office Prosecution and Code Enforcement Section prosecutes most traffic infractions and all violations of Denver's city laws (ordinances). Violations of city laws include some cases involving Domestic Violence, wrongs to minors (people under age 18), and public nuisances.

Change of venue: The transfer of a case from a court in one location to a court in another location (for example, to a different county).

Civil Protection Order: People who are threatened or physically harmed can ask a civil court for a civil protection order. Protection orders are also called “restraining orders”.

Colorado Open Records Act: Crime victims may want copies of information about their case, such as the police report. Crime victims may request information through the Colorado Open Records Act.

Community corrections (ComCor): People convicted of a felony, on parole, or moving out of the Department of Corrections (DOC) may be placed in community corrections programs. Community corrections programs can include residential facilities (half-way houses) and community supervision.

Concurrent sentence: When a person serves more than one sentence at the same time.

Consecutive sentence: When a person serves one sentence after the end of a previous sentence.

Contempt citation: A judge can issue a contempt citation to a person who does not come to court after receiving a subpoena to do so. A contempt citation is the court’s way of saying the person has to come to court. If the person does not appear at that new court event, an arrest warrant may be issued.

Continuance: When a judge agrees to postpone or reschedule a court hearing.

Court trial: A trial with a judge, but no jury. The judge decides factual and legal questions. The judge makes the final judgment.

Credit time served: A convicted person is given time off a sentence equal to the time already served in custody (for example, in jail).

Critical stages in a criminal case:

filing of charges
decisions to not file charges
preliminary hearing
bond reduction or modification*
arraignment
hearings on motions
disposition/plea*
trial
sentencing*
a subpoena for records about the victim’s medical history, mental health, education or crime victim compensation*
appellate review; modification of sentences*
decision to conduct DNA testing, the results of the testing and court proceedings based on the results; attack on judgment or conviction
petitions by sex offenders to cease (end) registration
any hearing about a petition for expungement of juvenile records*

*indicates a stage where a victim has a right to be present and heard. To learn more about the Victims’ Rights Act, click here.

DPD: Denver Police Department.

DSD: Denver Sheriff’s Department.

Defendant: A person who is formally charged with a crime.

Disposition: The court’s final determination (decision) of a case or issue. A disposition hearing happens after a defendant enters a “not guilty” plea. This hearing allows a defendant to consider a plea agreement.

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 the Victim Advocate in the City and/or District Attorney’s Office.

Department of Corrections: The Colorado department that oversees prisons and parolees.

Dismissed without prejudice: The judge dismisses criminal charges, but charges can be re-filed if new evidence or information is found.

Dismissed with prejudice: The judge dismisses criminal charges, and charges cannot be re-filed.

District Attorney (DA): The attorney who represents Colorado in a criminal case. The DA prosecutes the case against a defendant.

Division of Youth Corrections (DYC): The Colorado department that oversees juvenile detention facilities and programs as well as juvenile parole.

Dropping charges: Only the prosecutor can drop charges. Denver has a “no-drop policy” on crimes that involved Domestic Violence. This means that once the Denver Police Department has filed charges that involve Domestic Violence, the defendant must follow the normal legal process. Sometimes people think that victims can drop charges, but this is not true.

Electronic monitoring: A requirement (condition) of bond or probation to monitor and track defendants.

GPS monitoring tracks a defendant’s location.
SCRAM tracks a defendant’s alcohol level.

Enhanced Supervision: Pre-trial services puts in place requirements (conditions) that a defendant must follow while released on bond.

Eviction: A person is kicked out of a property by legal action. Evictions are civil legal actions. Evictions are handled by the landlord and tenant in civil court. District and City Attorney’s Offices do not prosecute eviction cases.

Intensive Supervision: While out on bond, defendants are monitored by Pretrial Services. Defendants often have to: do court reminder calls, check in in-person after court appearances, do telephone check-ins 1-4 times a month, be on electronic monitoring, follow a curfew, do substance abuse testing (if ordered), and notify Pretrial Services of any new arrests.

Jurisdiction: The power a court has over a case based on the type of case and geographic location. For example, the county where a child lives in a custody case or where a crime happened.

Jury Trial: A trial where the case is heard by a jury. The jury decides the factual questions and the final judgment.

Juvenile Status Hearing: When a juvenile is told of charges, their rights, and enters a plea (guilty, not guilty). This is like “arraignment” in the adult system.

Mandatory criminal protection order: A Mandatory Protection Order happens in a criminal case and is also sometimes called a restraining order or “MPO”. When a defendant has been charged with a crime, the court always enters an MPO to protect the victim. The MPO says the defendant cannot “harass, molest, intimidate, retaliate against, or tamper with any witness to or victim of the crime charged”.

Parole: After a person has been released from the custody of the Department of Corrections, they are supervised for a period of time in the community

Plea agreement: In a criminal case, 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). With a plea agreement, a defendant can be convicted without the case having to go to trial.

Plea and setting: A hearing when a defendant pleads (guilty, not guilty, or not guilty by reason of insanity) and the case is set for trial.

Post-conviction notification: Victims can register to be told about the offender’s status after sentencing (for example, when the offender gets out of prison). If victims register, they can receive notices from probation, Department of Corrections, parole and state hospitals, and the VINE system (www.colorado-vine.com).

Prelminary Hearing: A Preliminary Hearing is a proceeding where the judge decides whether or not the prosecution has enough evidence to support the charges and for a trial. There may be testimony required during this hearing, including from victims and witnesses. The preliminary hearing is a “critical state” defined in the VRA which means a victim has a right to be informed (told this is happening) and be present.

Pre-trial Services: The program that monitors whether the offender 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: A finding that there are reasonable grounds to believe that a crime happened and that the person charged committed that crime.

Pro bono: Legal representation without charge to the client.

Pro se: When someone represents themselves in a case and does not have an attorney.

Pre-sentence investigation: 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. The judge uses the information from the investigation to decide a sentence.

Probation: A sentence in a criminal case that requires a defendant meet specific conditions (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.

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.

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 paid into the court registry and then given to the victim.

Setting Over: Moving a hearing or trail to a new date.

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.

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 Denver, speedy trial is 91 days. Defendants often waive (give up) the right to a speedy trial in order to prepare a stronger defense. If the defendant is free on bail, they will not be hurt by the giving up the right to a speedy trial.

Status Conference: A Status conference is any kind of hearing scheduled by the court to check in on a case and decide what should happen next.They can happen for many reasons and in many types of cases. Usually another court date is scheduled at a status conference.

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 by the subpoena can be punished as contempt of court.

Victim: The person against whom a crime has been committed.

Victim Impact Statement: A statement prepared by a victim that the judge will consider before sentencing. The statement can give information about the financial and emotional 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.

Youthful Offender System: A program of the Department of Correction for the secure supervision of and programming for juvenile offenders who have been adjudicated as adults.