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All too often, victims of juvenile offenders feel overlooked and underserved in the criminal justice system. The Denver’s City Attorney’s Office Victim Advocates are committed to helping these victims receive a meaningful response from the courts and access to the services they need to address and overcome their victimization. We believe it is imperative that every victim’s safety and feeling of powerlessness be addressed. We understand that victims can be greatly affected by their interaction with the criminal justice system and work to provide them with the highest quality of victim advocacy services that are useful and meaningful.
AS A VICTIM WHAT SHOULD YOU BE AWARD OF?
DISPOSITION
The first court appearance for the defendant is a disposition hearing, which is when s/he appears for court and is told of the charges s/he may be facing. The defendant can either plead guilty, not guilty, or the case may be disposed of in some other manner. You will not be subpoenaed to appear for this court date but are welcome to attend. If you do plan to attend, please make sure to notify the Victim Specialist so s/he can make sure you are aware of everything that is occurring with the case and that your voice is heard.
TRIAL
If the defendant pleads not guilty, the case is set for trial. Each defendant is presumed innocent until proven guilty. Therefore, a defendant has the right to plead not guilty and take the matter before the court. The court will hear the evidence presented and determine if the defendant is guilty or not guilty of violating the law.
DAY OF TRIAL
You will be subpoenaed to appear for trial. There will be several other cases scheduled for court on the day of the trial. Please be prepared to wait for the case to be called. If the case does go to trial, you may be in court all day. The case can also be continued to another day. A Victim Advocate will be in the courtroom to provide you with assistance and guidance throughout the trial process. If you do not feel comfortable sitting in the courtroom, please contact the Victim Advocate and s/he will be happy to assist you.
TESTIMONY
If the case proceeds to trial, you may be required to testify. If the case can be resolved without going to trial, you will not be required to testify. Testifying can be intimidating, but just remember you are there to tell the truth. On the day of trial, the Assistant City Attorney and Victim Advocate will meet with you before you take the stand to explain the trial process and the types of questions you may be asked. Here are a few simple things to remember:
Listen carefully to the questions that are asked.
If you do not understand a question, ask the attorney to rephrase the question.
Take your time and speak slowly.
Don’t be afraid to look at the judge when answering the questions.
Always tell the truth.
WHAT ARE YOUR RESPONSIBILITIES?
► If you are personally served with a subpoena you are legally required to appear for court. If you choose not to appear for court, a contempt citation may be issued against you.
►As a victim you are not required to obtain an attorney. The prosecution of the criminal case will be handled by the Denver City Attorney’s Office.
►Unless you are ordered by the court, you are not required to speak with the Assistant City Attorney, the Victim Advocate, the defendant, or the defendant’s attorney about this case. The choice is yours.
►If you would like more information about the case, you may contact our office and ask to speak with the Juvenile Court Victim Advocate. Also, the Victim Advocate will attempt to contact you approximately one to two weeks before the court date.
►When you appear for court please dress appropriately. Please do not wear short dresses, shorts, or mid-drift shirts. Make sure to turn off you cell phone, and do not eat or chew gum in the courtroom. It is also important to be respectful to the judge.
►If the defendant is found guilty of the charges, or enters a plea of guilty, you have a right to address the court about the case for sentencing purposes. You can provide a statement describing the impact of the crime and what you would like to see happen. However, keep in mind that the judge will make the final decision.
POSSIBLE CONSEQUENCES THE DEFENDANT MAY FACE
►The defendant can be fined up to $999.00 in fines.
►The defendant can be sentenced to a suspended sentence, deferred judgment, or placed on probation. The defendant may be ordered by the court to attend counseling or a work program. Any responsible minor who does not comply with their sentencing requirements can be confined up to 48 hours in a juvenile detention facility.
►The City Attorney’s Office has a very high burden of proof. We must prove the charges beyond a reasonable doubt. If the case cannot be proven or the defendant is acquitted, the case will be dismissed and the defendant will face no consequences.
ARE YOU A VICTIM OF BULLYING?
Bullying is when a person tries to hurt or control you. This can include physical attacks, threatening someone, calling them down, spreading rumors, or making a person feel unimportant. People bully because it makes them feel superior. People who bully are unhappy, and they take out their unhappiness on others. If this is happening to you, it is not your fault, and you are not alone. If you are being bullied, it is important to tell an adult. There are also support groups and other agencies that can help you. No one expects you to get through this alone. For more information about a support group or other assistance, call the Victim Advocacy Program and we will be happy to assist you.
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