The criminal justice process can be overwhelming and oftentimes confusing. To help minimize your confusion and uncertainty, a Victim Specialist will be with you in the courtroom and throughout the entire trial process. It is important to know that the Assistant City Attorney will be the one to handle all legal matters in the courtroom. The Assistant City Attorney will prepare the case for trial, speak with the defendant and/or his/her attorney, and address the judge. The Assistant City Attorney, who represents the City and the citizens of Denver, is charged with the responsibility of prosecuting anyone charged with violating certain laws. The Assistant City Attorney is required to make all legal decisions regarding the case. This includes deciding if there was a crime committed that meets the elements of the charges that have been filed, dismissing the charges, offering plea bargains, and taking the case to trial. However, the Assistant City Attorney and Victim Specialist will work closely with you throughout the court process. As the victim in the case, you have a vital voice in the entire process.
WHAT DO I NEED TO DO BEFORE THE TRIAL DATE?
A Victim Specialist will try to contact you by telephone and/or mail before the trial date to introduce himself/herself, discuss the case and what you would like to see happen, and further explain the court process. If you do not hear from a Victim Specialist at least one month before the trial date, please call our office and ask to speak to a Victim Specialist. If you do not want the Victim Specialist to call a certain number or mail any correspondence to a certain address, please be sure to let the Victim Specialist know right away. If you have any additional evidence or information that you feel may be important to the case, please be sure to provide it to the Victim Specialist before the trial date. This will allow the Assistant City Attorney time to review the additional information. If the information can be used for the trial, the Assistant City Attorney may need to file legal motions to make it a part of the case. Otherwise, the Assistant City Attorney may not be able to utilize the information if it is not provided in a timely manner.
The defendant or his/her attorney may contact you regarding this case. You are not required to speak with them, unless ordered by the court to do so. The choice is yours.
CAN I WRITE MY TESTIMONY OR PROVIDE A VIDEO STATEMENT?
No, the criminal laws do not allow for written or video statements. The federal constitutions guarantees every defendant the right to “face his/her accuser.” This means you are required to appear for court and testify.
DAY OF TRIAL
When you come to court there will be several cases set for trial, so please be prepared to wait. Generally, there are 20 criminal cases set on the trial docket each day, so it is likely that the courtroom will be crowded. Once you get into the courtroom, please take a seat and wait for the Assistant City Attorney to call out your name. If you do not hear your name called, please make sure to ask for the Victim Specialist to assure s/he knows you are present. If you do not feel comfortable sitting in the courtroom, the Victim Specialist can make alternative arrangements.
Just because the case has been set for trial does not mean it will actually proceed to trial. Many things can occur, including:
► the defendant may plead guilty to the charges;
► the defendant may not appear for court; or
► the case may get continued.
When you appear for court, please be sure to dress appropriately. It is also important to be respectful to the judge.
TESTIFYING
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 Specialist will meet with you before you take the witness 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 jurors or judge when answering the questions.
Always tell the truth
WHAT HAPPENS IF THE DEFENDANT DOES NOT APPEAR FOR COURT?
If the defendant does not appear for court, the judge will declare the defendant’s bond (if he/she had one) to be forfeited and issue a bench warrant for his/her arrest. Once the defendant is arrested, s/he will be brought before the judge to answer for his/her failure to appear. The case will be reset with a new trial date and you will be subpoenaed to appear for court again. It is important that you stay in contact with our office during this time to make sure we have your correct contact information.
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