Victim Rights & Resources

READ THIS FIRST

Once a crime is reported to a law enforcement agency, thecriminal justice process begins. It can be a confusing andsometimes frustrating experience for a person who is a victim of a crime. This information has been prepared toassist you in understanding your rights.

We, at the Lake County Sheriff’s Office understand that asa victim of crime, you may be experiencing some emotional trauma or confusion about the events that transpired or what happens now. Everyone reacts differently and has adifferent response, but please understand you are not alone. We will be there to extend our services when we can and support you along the way.

The Law Enforcement Victim Services Unit within the Lake County Sheriff’s Office would like to assist you withany questions you may have about the case or court proceedings. In the state of Colorado, victims of crime areentitled to certain rights provided by the state constitution, we will gladly explain those rights in detail if you are unsure or do not understand what they mean. Of thoserights, you can choose your level of involvement in the case following the incident. Feeling overwhelmed is normal at this point, so do not hesitate to reach out at a later time if you need.

Please call the Advocate assigned to your case 24 hours a day or call the Lake County non-emergency dispatch line at 719.486.1249 and have them direct you to the Victim Services Unit if you need anything.

Tap a down arrow on the right to access key victim rights and community resources information.

Victim Services

We are available 24/7 to provide resources to the community. We respond with law enforcement to assist on-scene and make sure the needs of any victim and their families are taken care of as soon as possible. Our unit can provide services that include a safe place to stay, mental health connections, civil protection order assistance, and case by case we can assist with transportation, accompanying support to medical treatment, or even groceries and clothes. We provide safety planning and work closely with the District Attorney’s Office to offer some legal assistance, as well as victim compensation application assistance. Collaboration is key in many cases; we are happy to connect any clients with system-based or community-based resources to get them the help they need.

As an extension of Law Enforcement, we can support the victim and their families throughout the entire criminal process, including the judicial process and the final dispositions of the case into probation. Services are non-discriminately provided on a unique case-by-case basis depending on the need of each client, and it is the client’s right to request or refuse any services offered.

Victim Rights Amendment

The Victim Rights Amendment (VRA) C.R.S. 24-4.1-301-304 states: 

Any person who is a victim of a criminal act or such person’s designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process. All terminology, including the term “critical stages” shall be defined by the general assembly (Article II, Section 16A Colorado State Constitution). Tap Victim Rights and Responsibilities for a complete list of your rights and responsibilities.

It is your responsibility to keep law enforcement, district attorney’s office, and courts informed of any changes to your name, address, and telephone numbers.

Victim Rights Amendment C.R.S. 24-4.1-301-304 Summarized

As a victim of crime, you have at least the following rights: to be treated with fairness, dignity, and respect; to be protected from intimidation and harm; to be kept informed about what happens in critical stages of your case to include the investigation itself, prosecution of the case by the DA’s Office, trial and sentencing of your case in court; to have any property that may have been kept as evidence to be returned to you in a timely manner; to be notified of arrests, transfers, releases of custody, returns to custody, and bond information for defendants involved in your case; to be informed of whether your case would qualify for compensation benefits or financial support; to request services of the Victim Services Unit with the Lake County Sheriff’s Office any time.

Please click Rights Afforded Victims to read all rights and critical stages to which you have the right to be informed in detail as laid out in C.R.S. 24-4.1-302. 

VINE - Victim Notification

Lake County Sheriff’s Office provides victim notification regarding offender release or permanent transfer within detentions facilities in VRA cases. Victims will be contacted by the victim services advocates, another staff member, or through Victim’s Information Notification (VINE) for notification of any change in offender status. You may contact the Lake County Sheriff’s Office victim services advocates or detentions with questions or to verify that you are registered with VINE for notification.


To access (VINE) tap here > Victim Information Notification Everyday.

 

Crimes Covered

The Constitution of the State of Colorado and the laws of the state [Section 24-4.1-302(1) C.R.S]
guarantee certain rights to victims of the following criminal acts: 

  • Murder in the first degree, in violation of section 18-3-102; 
  • Murder in the second degree, in violation of section 18-3-103; 
  • Manslaughter, in violation of section 18-3-104; 
  • Criminally negligent homicide, in violation of section 18-3-105; 
  • Vehicular homicide, in violation of section 18-3-106; 
  • Assault in the first degree, in violation of section 18-3-202; 
  • Assault in the second degree, in violation of section 18-3-203; 
  • Assault in the third degree, in violation of section 18-3-204; 
  • Vehicular assault, in violation of section 18-3-205; 
  • Menacing, in violation of section 18-3-206; 
  • First degree kidnapping, in violation of section 18-3-301; 
  • Second degree kidnapping, in violation of section 18-3-302; 
  • (I) Sexual assault, in violation of section 18-3-402; 
  • (II) Sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000; 
  • Sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000; 
  • (I) Unlawful sexual contact, in violation of section 18-3-404; or 
  • (II) Sexual assault in the third degree, in violation of section 18-3-404, as it existed prior to July 1, 2000; 
  • Sexual assault on a child, in violation of section 18-3-405; 
  • Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3; 
  • Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5; 
  • Invasion of privacy, in violation of section 18-7-801 
  • Invasion of privacy for sexual gratification, in violation of section 18-3-405.6; 
  • Robbery, in violation of section 18-4-301; 
  • Aggravated robbery, in violation of section 18-4-302; 
  • Aggravated robbery of controlled substances, in violation of section 18-4-303; 
  • Incest, in violation of section 18-6-301; 
  • Aggravated incest, in violation of section 18-6-302; 
  • Child abuse, in violation of section 18-6-401; 
  • Sexual exploitation of children, in violation of section 18-6-403; 
  • Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103; 
  • Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3; 
  • An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3; 
  • Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, pursuant to section 18-6-801; 
  • Stalking, in violation of section 18-3-602 or 18-9-111(4); 
  • A bias-motivated crime, in violation of section 18-9-121; 
  • False Reporting of an emergency in violation of section 18-8-111 that is bias-motivated crime as defined in section 18-9-121(2); 
  • Harassment – ethnic intimidation 18-9-111(2) (effective 6/28/21) 
  • Careless driving, in violation of section 42-4-1402, that results in the serious bodily injury or death of another person; 
  • Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person; 
  • Any criminal attempt, as described in section 18-2-101, any conspiracy, as described in section 18-2-201, any criminal solicitation, as described in section 18-2-301, and any accessory to a crime, as described in section 18-8-105, involving any of the crimes specified in 24-4.1-302(1); 
  • Intimidating a witness or a victim, in violation of section 18-8-704; 
  • Retaliation against a witness or victim, in violation of section 18-8-706, Retaliation against a judge or elected official, in violation of section 18-8-615, Retaliation against a juror, in violation of section 18-8-706.5; Retaliation against a prosecutor, in violation of section 18-8-616; 
  • Aggravated intimidation of a witness or a victim, in violation of section 18-8-705; 
  • Tampering with a witness or victim, in violation of section 18-8-707; 
  • Indecent exposure, in violation of section 18-7-302; or 
  • Violation of a protection order issued under section 18-1-1001, against a person charged with committing sexual assault, in violation of section 18-3-402, sexual assault on a child, in violation of section 18-3-405, sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, or stalking in violation of section 18-3-602; 
  • Human trafficking, in violation of section 18-3-503 or 18-3-504; 
  • First degree burglary, in violation of section 18-4-202; 
  • Second degree burglary of a dwelling, in violation of section 18-4-203 (effective 3/2022) 
  • First degree arson, in violation of section 18-4-102 
  • Child prostitution, in violation of section 18-7-401.; Soliciting for child prostitution, in violation of section 18-7-402; Procurement of a child for sexual exploitation, in violation of section 18-6-404; Pimping of a child, in violation of section 18-7-405; Inducement of child prostitution, in violation of section 18-7-405.5; or Patronizing a prostituted child, in violation of section 18-7-406. 
  • Posting a private image for harassment in violation of section 18-7-107 or posting a private image for pecuniary gain in violation of section 18-7-108; 
  • Harassment of a Transit Worker, in violation of section 18-9-111(1)(i) 
  • 24-4.1-302(2)(e.5) Any subpoena or application for records concerning the victim’s medical history, mental health, OR education; victim’s compensation RECORDS or records that are privileged pursuant to section 13-90-107
  • 24-4.1-302(2)(aa) RECEIPT BY A DISTRICT ATTORNEY OF A NOTICE THAT A CRIME LABORATORY EMPLOYEE ENGAGED IN A WRONGFUL ACTION, AS DESCRIBED IN SECTION 16-12-307 (1);
  • (bb) AN EVIDENTIARY HEARING ON POST-CONVICTION PETITION FOR RELIEF HELD PURSUANT TO SECTION 16-12-312; AND
  • (cc) A RESTITUTION ASSESSMENT HEARING HELD PURSUANT TO SECTION 18-1.3-603.
  • 24-4.1-302(3) "Lawful representative" means AN INDIVIDUAL who is designated by the victim or appointed by the court to act in the best interests of the victim; EXCEPT THAT IF THE VICTIM IS A CHILD OR AN AT-RISK ADULT, AS DEFINED IN SECTION 18-6.5-102, "LAWFUL REPRESENTATIVE" DOES NOT INCLUDE THE DEFENDANT OR ALLEGED OFFENDER IN THE UNDERLYING CASE.
  • 24-4.1-302.5(1)(a.5) THE RIGHT TO REQUEST, IN ORDER TO PROTECT THE SAFETY OR PRIVACY OF A VICTIM, TO HAVE THE VICTIM REFERRED TO BY AN ABBREVIATION, PSEUDONYM, INITIALS, OR ANOTHER PREFERRED NAME DURING HEARINGS;
  • (applies to District Attorney’s Office’s)
  • 24-4.1-302(2)(q.1) A TRIAL FOR CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 16-8.5-118;
  • (q.2) A HEARING TO TERMINATE A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-202 OR AN ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25.5-10-508;
  • (q.3) THE TRANSFER, RELEASE, OR ESCAPE OF A PERSON OR THE PLACEMENT OF A PERSON INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION 16-8.5-101, WHEN THE PERSON IS UNDER A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 OR AN ENHANCED PROTECTIVE PLACEMENT UNDER COURT SUPERVISION PURSUANT TO SECTION 25.5-10-507 WHEN THE CRIMINAL CASE INITIATING THE CIVIL COMMITMENT OR ENHANCED PROTECTIVE PLACEMENT INVOLVED A VICTIM.
  • 24-4.1-302(2)(j.6) THE RIGHT TO BE INFORMED OF ANY REQUEST FOR CHANGES TO MATERIAL TERMS OF A CIVIL COMMITMENT PURSUANT TO SECTION 27-65-201 OR ENHANCED PROTECTIVE PLACEMENT PURSUANT TO SECTION 25 .5-10-507 ON BEHALF OF A PERSON IN A CIVIL COMMITMENT OR PROTECTIVE PLACEMENT IN A CRIMINAL CASE INVOLVING THE VICTIM, AND THE RIGHT TO BE PRESENT BY APPEARING IN PERSON, BY PHONE, OR VIRTUALLY BY VIDEO OR AUDIO, OR SIMILAR TECHNOLOGY, AND HEARD AT ANY HEARING DURING WHICH A COURT CONSIDERS THE REQUEST. AS USED IN THIS SUBSECTION (l)G.6), "REQUEST FOR CHANGES TO MATERIAL TERMS" INCLUDES ANY REQUEST TO BE RELEASED FROM AN INPATIENT SETTING TO AN OUTPATIENT SETTING OR TO BE MOVED INTO A COMMUNITY-BASED SETTING OUTSIDE OF INPATIENT CARE AT THE DISCRETION OF CDHS, AS DEFINED IN SECTION 16-8.5-101.

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.

Critical Stages

  • Filing of Charges and the Decision Not to File Charges
  • Preliminary Hearing -to determine if there is enough evidence to proceed to trial
  • Bond Reduction or Modification Hearing -agreement to pay the court to be released from custody with conditions and sanctions
  • Arraignment Hearing -defendant is advised of charges and can enter a guilty or not-guilty plea
  • Motions Hearing -prosecution or defense files a request for the court to take a certain action
  • Disposition Hearing -final decision of the case, or allows a defendant to consider a plea agreement
  • Trial -testimony heard by panel of jurors
  • Sentencing, Modification of Sentencing, Resentencing, or Sentencing Reconsideration Hearing -final decision for consequences
  • Probation Revocation Hearing -if a probation complaint, summons, or warrant is filed for failure to report, location is unknown, or crime is committed
  • Request for Transfer of Probation Supervision to Another Location
  • Request for Release from Probation Supervision -prior to the expiration of the sentence
  • Any Court Ordered Modification of Probation Terms and Conditions
  • The Decision to Enter into a Diversion Agreement -allows charges to be dismissed upon successful completion of terms of the sentence
  • Transfer to or Placement of the Defendant in a Non-Secure Facility -such as a state hospital
  • Parole Application Hearing and Full Parole Board Review Hearing
  • Request for Release from Community Corrections prior to the Expiration of the Sentence
  • Parole, Release, or Discharge from Imprisonment
  • Parole Revocation Hearing
  • Transfer, Release, or Escape of Defendant from Corrections or a State Hospital
  • Execution of an Offender in a Capital Case
  • Any Petition or Request by a Sex Offender to Terminate their Registration
  • Any Hearing for Petition of Expungement or a Juvenile Offender’s Record

Please click here > Rights Afforded Victims to read all rights and critical stages to which you have the right to be informed in detail as laid out in C.R.S. 24-4.1-302.

Additional Resources

Community Resources

Lake County Courthouse Location
https://goo.gl/maps/isYo5CvByy4S59zh6

St. Vincent’s Hospital Leadville
https://leadvillehospital.org/#

Leadville Fire Department
https://cityofleadville.colorado.gov/city-departments/fire-department

Leadville PD
https://cityofleadville.colorado.gov/city-departments/police-department

5th Judicial District Attorney’s Office
https://www.da5.us/

Crime Victim Compensation
https://dcj.colorado.gov/how-to-file-a-claim-for-victim-compensation

Self-Help Forms/Protection Orders
https://www.courts.state.co.us/Self_Help/Index.cfm

St. Anthony’s Hospital in Frisco
https://www.centura.org/care-and-health#all-services

CO Crisis Services
1-844-493-8255 or text TALK to 38255
https://coloradocrisisservices.org/

SolVista Health Services
https://solvistahealth.org/locations/leadville/

CO Legal Services
https://www.coloradolegalservices.org/

DHS/WIC
https://www.lakecountyco.com/human-services

Veteran’s Crisis Line
https://www.veteranscrisisline.net/
Dial 988, Press 1 or text 838255

Rocky Mountain Victim Law Center
https://www.rmvictimlaw.org/

Address Confidentiality Program (ACP)
https://dcs.colorado.gov/acp

Colorado Coalition Against Sexual Assault (CCASA)
https://www.ccasa.org/

Violence Free CO
https://www.violencefreecolorado.org/

Division of Criminal Justice (DCJ):
Office for Victims Programs (OVP)

https://dcj.colorado.gov/

File a Formal Victim Rights Act Complaint
https://dcj.colorado.gov/file-a-formal-complaint-victims-rights-act

RAINN National Sexual Assault Hotline
 www.rainn.org
1-800-656-4673

National Domestic Violence Hotline
 www.thehotline.org
1-800-799-7233
or text START to 88788

Suicide and Crisis Lifeline
www.988lifeline.org
Dial 988

Copline Law Enforcement Peer Support
www.copline.org
1-800-267-5463

Community Shelters

Advocates of Lake County (ALC)
(719) 486.3530
Community-Based Confidential Advocacy, Lake County
711 Harrison Avenue, Leadville CO

Advocates for Victims of Assault, Inc.
(970) 668.3906
Community-Based Confidential Advocacy, Summit County
817 Little Beaver Trail, Dillon CO 80435

The Alliance
(719) 534.7347
Community-Based Confidential Advocacy, Chaffee County
211 Tabor Street, Office 110, Buena Vista CO
1055 East Rainbow Boulevard, Salida CO

 

Criminal Justice Contacts in Lake County

Sheriff’s Office Dispatch
Non-emergency (719) 486.1249
505 Harrison Avenue, Leadville CO 80461
Second Floor

Sheriff’s Office Victim Services Unit
(719) 293.0566 or (719) 427.7117
505 Harrison Avenue
First Floor

Sheriff’s Office Administration
(719) 486.4140
Civil Processes, Records, Concealed Carry
505 Harrison Avenue
Second Floor

Sheriff’s Office Evidence
(719) 427.0859
505 Harrison Avenue
First Floor

Leadville Police Dept. Dispatch
(719) 486.1365
lpdadmin@leadville-co.gov
800 Harrison Avenue, Leadville CO 80461

Clerk of the Courts
(719) 293.8100 or (719) 293.8105
505 Harrison Avenue, Leadville CO 80461
Third Floor

District Attorney
(719) 486.1186

DA Victim/Witness Coordinator

(970) 328-6947 

955 Chambers Avenue, Eagle CO 81631


Juvenile Diversion Coordinator
(719) 486.4174
505 Harrison Avenue, Leadville CO 80461
First Floor

 

Webex Meeting Information

District Court Judge Catherine Cheroutes
Webex Meeting Number/Access Code: 921 463 948
US Toll 1 415 655 0001 – US Toll Denver 1 720 650 7664
http://courts.state.co.us/Courts/County/Index.cfm?County_ID=10

County Court Judge John Scott
Webex Meeting Number/Access Code: 2596 321 4871
US Toll 1 415 655 0001 – US Toll Denver 1 720 650 7664
https://www.courts.state.co.us/Courts/District/Custom.cfm?District_ID=5&Page_ID=1410

Weekend Bond Hearing

Webex Meeting Number/Access Code: 2592 664 6429

Lake County is scheduled for every Sunday at 08:15am.
To watch the bond hearings, please go to http://live.coloradojudicial.gov
and click on the Bond Hearing Office 1 livestream

Any Other County or District Judge, please contact the advocate assigned to your case to receive Webex access to other courtrooms.