Follow-up support for the victim and/or the victim’s family is available through victim advocates at the District Attorney’s Office. A victim advocate can assist you with any questions you may have about the court process, provide you with updates on the status of your case, accompany you to court and help you with your Victim Compensation Claim. In addition, advocates can help with a variety of community referrals. Special services for child victims, elderly victims or victims who are persons with disabilities are also available. Please call: 719-520-6000 for assistance. 

The following services are available to you and your family through the Victim Witness Services Unit:

• Practical information about the criminal justice system process in a language that is understandable.
• Support, help, information and meetings with the Deputy District Attorney to discuss the criminal case.
• Support and help to attend critical stage court hearings and/or make alternate arrangements to address the court when necessary.
• Help in preparing and/or presenting your Victim Impact Statement for the sentencing hearing.
• Help in preparing documentation necessary for the court to determine restitution and/or when applying for Crime Victim Compensation.
• Information and support to help you prepare a safety plan that will work for you and/or your children.
• A separate and secure waiting area during court proceedings at both the Adams and Broomfield County Justice Centers that the defendant or defense witnesses cannot access.
• Help in making transportation arrangements to court hearings when no other means of transportation is available.
• Information regarding the availability of financial assistance, community services and counseling services.
• ON-CALL and CALL-OFF Notifications allow you to be contacted by phone rather than wait long periods at the courthouse.

Victim Witness Services Unit

Brian S. Mason District Attorney

Seventeenth Judicial District 

For more information about resources available to you as a victim of crime through the District Attorney’s Office, please visit our website at: www.adamsbroomfieldda.org 

ADMINISTRATIVE OFFICES

CRIME VICTIM COMPENSATION

RESTITUTION DIVISION

DISTRICT ATTORNEY'S OFFICE

1000 Judicial Center Drive

Brighton, CO 80601

303-659-7720 

ADAMS COUNTY JUSTICE CENTER

VICTIM WITNESS OFFICE

1100 Judicial Center Drive, Room 205

Brighton, CO 80601

303-659-7735

BROOMFIELD COUNTY JUSTICE CENTER

DISTRICT ATTORNEY'S OFFICE

17 Descombes Drive

Broomfield, CO 80020

720-887-2199 

The Victim Rights Act provides victims of the listed crimes the basic right(s) to: 

• To be treated with fairness, respect and dignity; 
• To be informed of all “critical stages” of the criminal justice process (victims of crime must request notification, in writing, for post-sentencing critical stages); 
• To be present at specified critical stages in the criminal justice process; 
• To be free from intimidation, harassment, or abuse; 
• To be informed about what steps can be taken including information about protection services, if there is any intimidation or harassment by a person accused or convicted of a crime or anyone acting on that person’s behalf; 
• To be present and heard regarding bond reduction or modification, a subpoena for the victim’s records, acceptance of a plea agreement, sentencing or modification of a sentence; To be heard by phone or similar technology when a victim can’t appear in court; 
• To be informed of the existence of the criminal protection order and upon request of the victim, the procedure for modifying the protection order if a procedure exists; 
• To receive a free copy of the initial incident report from the investigating law enforcement agency; except that the release of a document associated with the investigation is at the discretion of the law enforcement agency based on the status of the case or security and safety concerns in a correctional facility, local jail, or private contract prison; 
• To have the victim’s social security number redacted or excluded from criminal justice documents when records are released to someone other than the victim, a criminal justice agency, or the defendant’s attorney of record; 
• To be informed of the process the district attorney can use to request protection of the victim’s address (the court may or may not grant the request); 
• To consult with the district attorney prior to any disposition of the case or before the case goes to trial and to be informed of the final disposition of the case; 
• To be informed of the status of the case and any scheduling changes or cancellations, if known in advance; 
• To receive and prepare a victim impact statement and to be present and/or heard at the sentencing hearing; 
• To have the court determine restitution and to be informed of the right to pursue a civil judgment against the person convicted of the crime;
• To prevent any party at any court proceeding from compelling testimony regarding a victim’s address, telephone number, place of employment or other locating information;
• To receive a prompt return of property when it is no longer needed as evidence;
• To be informed of the availability of financial assistance and community services;
• The right to be informed about the possibility of restorative justice practices;
• To be provided with appropriate employer intercession services regarding court appearances and meetings with criminal justice officials;
• To be assured that in any criminal proceeding the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings;
• Whenever practicable, to have a safe, secure waiting area during court proceedings;
• To be notified of the referral of an offender to community corrections and to provide a written victim impact statement to the community corrections board and, if permitted by the board, to provide an oral victim impact statement. In addition, a victim has a right to provide a separate oral statement to the community corrections board if the board is considering a transitional referral from the department of corrections;
• Upon written request, to be informed when a person accused or convicted of a crime is released from custody other than the county jail, is paroled, escapes or absconds from probation or parole;
• The right to be informed of the filing of a petition to cease sex offender registration;
• Upon request, to be informed when a person who is accused or convicted of a crime is released, discharged, or permanently transferred from the custody of the county jail;
• Upon written request, to be informed of and heard regarding any reconsideration of sentence, parole or commutation of sentence hearing;
• Upon written request, to be informed when a person convicted of a crime against the victim is placed in or transferred to a less secure correctional facility, program, or placed on non-residential status, or is permanently or conditionally transferred or released from any state hospital;
• The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department;
• To be informed of the results of any court-ordered HIV testing;
• To be informed of any rights which the victim has pursuant to the Constitution of the United States or the State of Colorado; and
• To be informed of the process for enforcing compliance with the Victim Rights Act. 

Additional rights and services are provided to child victims of crime. Law enforcement officials, prosecutors and judges are encouraged to designate one or more individuals to try to ensure that the child and his/her family understand the legal proceedings and have support and assistance to deal with the emotional impact of the crime and the subsequent criminal proceedings. 

An effective criminal justice system requires the protection and assistance of victims of crime and members of their immediate families in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. Colorado’s state constitutional amendment for victims’ rights requires that all victims of violent crimes be notified of the “critical stages” of the criminal justice process as related to their case. 

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) 

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.

For a complete listing of crimes and statutory rights, refer to Colorado Revised Statutes, 24-4.1-301 thru 24-4.1-304

Your Rights as a Crime Victim in Colorado

If you have any questions or concerns regarding your rights as a victim, please call the Victim Witness Services Unit Director at 719-520-6000. If you have contacted the District Attorney’s office and still have concerns regarding your rights as a victim, you may call the Office for Victim's Programs (OVP) at the Colorado Division of Criminal Justice 303-239-4442 or visit the web at - https://www.colorado.gov/pacific/dcj/ovp

An effective criminal justice system requires the protection and assistance of victims of crime and members of their immediate families in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants.

Colorado’s state constitutional amendment for victims’ rights requires that all victims of violent crimes be notified of the “critical stages” of the criminal justice process as related to their case. 

As a victim of one of these crimes, you have the right to be present at and to be kept informed of the “critical stages” in your case. Each of the following court events are considered “critical stages” in a criminal case. The District Attorney’s Office will notify you by mail of the following events: 

A victim’s rights are related to certain “critical stages” in the criminal justice process. These stages include: 

• Filing of charges and the decision not to file charges; 
• Arraignment, Preliminary, and Motions hearings; 
• Any bond reduction or modification hearing;* 
• Any subpoena for a victim’s mental health, medical, education or victim compensation records;* 
• The decision to enter into a diversion agreement; 
• Disposition of the complaint or charges against the person accused;* 
• Trial; 
• Sentencing hearing;* and sentence reconsideration * 
• Appellate review or appellate decision; 
• Post conviction DNA testing; 
• Probation revocation hearing; 
• The filing of a complaint, summons, or warrant by ** probation for failure to report or because the location of a person convicted of a crime is unknown; 
• The change of venue or transfer of probation ** supervision; 
• Request for release from probation supervision prior to the expiration of the defendant’s sentence; 
• Request for release from community corrections prior ** to the expiration of the defendant’s sentence; 
• An attack on judgment or conviction for which a court hearing is set; 
• Parole application hearing; 
• Parole, revocation hearing, release or discharge from imprisonment of a person convicted of a crime; 
• Transfer to or placement of a person convicted of a crime in a non-secure facility; 
• Transfer, release, or escape of a person charged with or convicted of a crime from any state hospital; 
• Any petition by a sex offender to terminate sex offender registration; 
• Any hearing concerning a petition for expungement of a juvenile offender’s records;* and 
• The execution of an offender in a capital case; and

* In addition to the right to be informed and present, the victim also has a right to be heard at hearings on bond reduction or modification, any subpoena for the victim’s records, disposition of the case such as acceptance of a negotiated plea, and sentencing, including any modification of the sentence. 

*May be provided by the Attorney General’s Office 

** Provided by Probation, Parole or the Court 

If the case is traffic related or a misdemeanor, it will not be assigned to a deputy district attorney until at least 30 days after the incident. You may call the District Attorney’s Office at 719-520-6000 for more information after that time. The defendant will receive a pretrial conference with a deputy district attorney at his/her arraignment hearing. The defendant may plead guilty and be sentenced at that time or at any subsequent court date. You have the right to be present for this hearing. Please call the District Attorney’s Office if your address changes. 

If the case is a felony, the defendant is entitled to a preliminary hearing. This usually occurs 30 to 60 days after arrest. If the case goes to trial, that will usually occur four to six months after the preliminary hearing. You will be notified of the trial date. For more information about the case, please call the District Attorney’s Office at 719-520-6000. 

Officers and detectives from the law enforcement agency will be investigating the case as well as people from the District Attorney’s Office on behalf of the victim. Ask for identification so you know who you are speaking with. These people will always identify themselves by their department name. If someone says they work for “the state,” they are not from a law enforcement agency or the District Attorney’s Office.

The defendant’s attorney or investigator may also contact you about the case. This is their right and it is appropriate for them to do so. The investigator may be from the Public Defender’s Office or may be working with a private attorney. You have the right to speak with the person, not to speak with him/ her, or speak with him/her with someone from the District Attorney’s Office present, as you choose. We encourage witnesses to be cooperative with all parties to the case, and the District Attorney’s Office will be happy to assist you at your request. 

What happens after the crime is reported?

• The police investigate the crime, including the interviewing of witnesses;
• review all of the evidence and the laws of Colorado.
• The police identify the “suspect” (the person who allegedly committed the crime).
• The police present the evidence to the District Attorney’s office for the filing of charges.

The District Attorney represents the people of El Paso and Teller Counties, not individual victims, when taking a case to court in the criminal justice system. Under Colorado law, only the District Attorney decides whether charges will be filed and which charges will be filed when a crime has been committed and after reviewing evidence provided by law enforcement.

What if there are no charges filed? There are many reasons that charges may not be filed. You are still able to receive help with putting together a safety plan for yourself and your family; receive information about community and counseling resources; and your damaged or stolen property may be recovered and returned to you. The bills, expenses, and/or losses that you have as related to a crime may be eligible for assistance from the Crime Victim Compensation Program. If you gather more information about a case, please contact the police or sheriff’s department.

What is a Criminal Protection Order? A Criminal Protection Order is automatically in effect for certain crimes after a suspect (defendant) is charged at the criminal Advisal hearing. It remains in place during the pendancy of the case unless the victim requests modifications. The protection order is put into place to make sure victims and witnesses are safe from being bothered, threatened, harmed or scared by the defendant (person charged with breaking the law) or by anyone else acting for the defendant. If the defendant contacts a victim or witness, while the protection order is in place, the defendant may be charged with another crime. The criminal protection order may end as the conclusion of the defendant's sentence.

What if someone threatens me? If you have been threatened, bothered, harmed or scared by the defendant or by anyone else acting for the defendant, CALL 911 IMMEDIATELY to report an act of intimidation. After contacting law enforcement, call the DA’s Office and speak to the Deputy District Attorney assigned to your case and contact the Victim Advocate. 

What is Crime Victim Compensation (CVC)?

Victims of crimes listed in the Victim Rights Act may be eligible to apply to the Crime Victim Compensation Program. The money in this fund comes from surcharges paid by offenders. Only certain expenses are considered by the program and all bills that are turned in must be directly related to the crime that was reported to the police. CVC helps with expenses such as medical bills, loss of earnings, counseling expenses, funeral expenses, rehabilitation services, damage to residential locks and exterior windows or doors and medically necessary devices such as dentures, hearing aids and eyeglasses. You may turn in an application to the CVC Program even if the police have not found a suspect, if charges were not filed, or the defendant was found not guilty. To be considered for CVC, you will be expected to be truthful with the police and the District Attorney’s office about the crime.

What is Court School?

Court School is a service provided to victims and witnesses who may have to testify in a court hearing. Parents are also included when the victim is a minor. Court School explains legal terms used in the criminal justice process, explains what usually happens at a court hearing and gives the victim or witness a chance to see a courtroom before the day of the hearing. No particulars of any specific criminal case are discussed. Parents are given information and resources about how to support their child through the criminal justice process and help may be provided after completing Crime Victim Compensation applications and Victim Impact Statements. Court School is held at the Adams and Broomfield County Justice Centers. For further information, contact the Victim Witness Services Unit.

What is a Victim Impact Statement?

The Victim Impact Statement is given to the judge to use at the sentencing hearing. As the victim, relative, or survivor, this is one way to describe directly to the court your financial losses, physical injuries and the emotional effect the crime has had on you. The advocates at the Victim Witness Unit can assist you in preparing your written statement, as well as provide you with support if you wish to speak at the sentencing hearing. It is your right, and your choice, to speak at the hearing.

What if the defense attorney contacts me?

You may be contacted about your testimony or the testimony of a minor child (if you are the parent). It is the job of the defense attorney and the DA to attempt to interview all persons who may be witnesses. You have the right to consent or to refuse to be interviewed.

As a parent or guardian, you have the right:

• To be present if your child or teenager says it is okay to be interviewed.
• To ask for identification from anyone that wants to talk with your child or teenager BEFORE agreeing to an interview.
• To know if the interview is being recorded AND to ask that the interview not be taped or video recorded.
• To end any interview at any time, even if you or your child/teenager has agreed to have an interview.

If you are asked to be interviewed, you have the right to ask for identification, know if the interview is being recorded and to end the interview at any time. If you have any concerns about talking with a defense attorney or a defense investigator, please contact the Deputy District Attorney handling your case.

What if I want to come to a court hearing but can’t?

If you want to attend a court hearing, but are unable to, please contact the Victim Advocate assigned to your case. If it is a court hearing at which you have the right to speak to the Judge, (critical event) it may be possible to make alternate arrangements with the Court to allow you to speak by means of a conference call. It is always a good idea to call the advocate before court hearings to make sure everything is still scheduled to happen since cases can get continued to new dates.

What is a plea agreement?

Plea agreements are used in the criminal justice system to resolve court cases for a variety of reasons. This may include issues with evidence, witnesses, or a risk of losing a case at trial, etc. Not all cases filed with the District Attorney’s Office go to trial. Each case is reviewed by a Deputy District Attorney to see which outcome is likely to result in justice for everyone involved. Before a plea agreement is offered to a defendant, the Deputy District Attorney will review it with you (the victim) before talking with the defendant. If a plea agreement is accepted by the defendant, it will be presented to the judge for approval prior to sentencing.

When can I get my property back?

The police or sheriff’s department may have taken your property for evidence in a crime. After finishing their investigation, your property may not be needed and can be returned to you. Each police agency or sheriff’s department has a different procedure. It is best to call the Victim Services Unit of the agency that investigated the crime.

What if the defendant is not convicted?

It may seem the criminal justice system has failed if the defendant is found “Not Guilty”. Taking a case to trial involves the testimony of many people. Your truthful testimony as a victim or witness is always a very important part of the criminal justice process. A “Not Guilty” verdict does not mean the defendant is innocent - it means the evidence the Deputy District Attorney was able to use in a trial did not convince a judge or jury “beyond a reasonable doubt” that the defendant was the one who committed the crime.

Please talk with your victim advocate about resources that are available to provide you with support and help after the verdict in a case.

What is restitution and how do I get it?

A judge can order restitution for losses related to a crime such as the value of damaged or stolen property, medical bills, mental health counseling or burial expenses, as a condition of a defendant’s sentence. Documentation must be received by the District Attorney’s Office for the judge to consider ordering restitution. In most cases, if restitution is ordered, the defendant will make restitution payments to the court clerk’s office and those payments will be forwarded to the victim. You also have a right to pursue a civil lawsuit against the defendant no matter how the criminal case turns out. If you have questions, or would like help with a request for restitution, contact us at 719-520-6000.

ACQUITTAL A Not Guilty decision by a judge or jury.

ADVISEMENT Court hearing where the judge tells a defendant of charges being filed and informs them of their rights in court. The judge will inform the defendant about rules they must follow for bail/bond to get out of jail. If the defendant is a juvenile, he/she may have the option to enter a guilty plea at this event (arraignment).

APPEAL When a case is reviewed by a higher court at the request of the People or the Defense. This usually happens after the end of a case. This is to consider if legal mistakes were made. The appellate court does not review all of the cases they are asked to review. If your case is going to be reviewed by the appellate court, you will be notified by the Victim Advocate from the Colorado Attorney General’s Office.

ARRAIGNMENT Court hearing before a Judge where the defendant enters a plea to the charges that have been filed against him/her. If the defendant enters a plea of not guilty, a trial date may be set.

ARREST WARRANT A court order issued by a judge giving a police agency or local Sheriff permission to make an arrest.

BAIL OR BOND Dollar amount that a defendant must pay to get out of jail after being arrested. The purpose of bail/bond is to make sure that the defendant appears for court hearings and to keep the public, and victims or witnesses, safe. The judge decides the type of bond and the rules defendant must follow to stay out of jail.

BURDEN OF PROOF The Deputy District Attorney has to prove to a judge and jury that the defendant committed the crime.

CLOSING ARGUMENT The final time during a trial where lawyers are allowed to conclude their statements to the judge and jury regarding case facts. This follows the presentation of evidence, just before deliberation.

COMMUNITY CORRECTIONS A halfway house facility where felons are sentenced to go instead of prison or where they may go coming out of prison. All offenders in Community Corrections are closely supervised and must follow specific rules, including working and going to treatment.

CONTINUANCE When a court hearing is scheduled for another date and time, later than the court hearing was originally scheduled. A continuance may be requested by either attorney but, the court hearing date can only be changed if the judge approves the request.

COUNTY COURT Court divisions for misdemeanor and traffic crimes. Also the same courtrooms for preliminary hearings on felony crimes.

DEFENDANT Person charged with committing a crime.

DEFENSE ATTORNEY or PUBLIC DEFENDER The lawyer representing the defendant in a criminal case. If the defendant tells the judge that he/she cannot afford a lawyer, the judge may appoint a lawyer paid for by the state, a Public Defender. Public Defenders work with their own State Investigators to provide defense services and do not work for the District Attorney's Office.

DEFERRED JUDGMENT AND SENTENCEWhen the sentencing is postponed after a defendant's guilty plea to allow the defendant to meet conditions imposed by the court. If the defendant complies, the case can be dismissed.

DISPOSITION When the criminal case is completely settled in the court system, the defendant is sentenced by the judge or the case is dismissed.

DISTRICT COURT Court division where judges handle felony crimes.

DISTRICT ATTORNEY The District Attorney is elected by the voters. The lawyers hired by the elected District Attorney to represent the people of Adams & Broomfield Counties are Deputy District Attorneys who are also known as prosecutors.

EVIDENCE Anything the law enforcement officers find during an investigation that may relate to the facts of a crime. This can include physical property, written or verbal statements, pictures and test results of expert witnesses.

FELONY A crime or offense that is eligible for a sentence to prison or community corrections. Judges may also sentence a defendant to probation by using statutory guidelines when deciding a sentence.

MISDEMEANOR A crime or offense that is eligible for a sentence in county jail or probation. The judge uses guidelines when deciding a sentence for a misdemeanor crime.

MOTIONS HEARING Court hearing where either side to a case may ask for a ruling on legal issues prior to a trial, such as what evidence the jury can see or hear.

NO CONTACT - BOND PROVISION A condition of bail / bond that means the defendant cannot have ANY contact with a victim either by phone, text, email, write a letter or in person. This includes the defendant asking someone else to contact the victim by phone, text, email, write a letter or in person.

OFFENDER A term the Probation Department, Department of Corrections, Parole Board, Division of Youth Services use to refer to the defendant after sentencing.

PAROLE Community supervision following the release from prison.

PAROLE BOARD A group of people the Governor has appointed to decide which offenders may be released from prison. This group also determines the rules offenders have to follow.

PERJURY When a person lies in court after taking an oath to tell the truth. If a person lies on the record in court, he / she is breaking the law and can be charged with a crime.

PERSONAL RECOGNIZANCE BOND When someone who is charged with a crime can get out of jail on the basis of a promise to the judge that he / she will appear for a scheduled court date.

PLEA The answer a defendant gives when a judge asks "How do you plead to the charges that have been filed against you?" The answer may be guilty, not guilty, nolo contendere (no contest), or not guilty by reason of insanity (NGRI).

PRELIMINARY HEARING This may also be called a probable cause (PC) hearing. Sometimes the defendant is allowed, or can ask for the judge to decide if the prosecution has enough evidence for the charges that have been filed in order to continue. This is not to determine guilt or innocence. Once probable cause is met, an arraignment hearing is usually scheduled.

PRE-SENTENCE INVESTIGATION A report ordered by the court, prior to sentencing, conducted by the probation department which includes the defendant’s background in work, school, family and of course, criminal history. The probation department may contact you regarding how the crime impacted you, physically, monetarily, and mentally. This information is gathered to help the judge make a decision regarding the defendant's sentence and a possible order for payment of restitution.

PRESUMPTION OF INNOCENCE A defendant is presumed innocent of all charges until he/she pleads guilty or is found guilty by a jury or judge.

PROBABLE CAUSE The prosecution has to prove to a judge there is enough evidence based on the known facts, to believe a crime was committed by the person charged.

PROBATION When an offender is sentenced by the judge to follow specific terms and conditions in the community, usually supervised by a Probation officer for a certain amount of time.

RESTITUTION Money ordered by the judge to be paid back to the victim for losses incurred due to a crime. This may include reimbursement for of out-of-pocket expenses, loss of wages, or expenses paid by other sources such as insurance and Victim Compensation. The judge requires copies of bills, receipts, and invoices. Restitution is then determined at/or after the time of sentencing.

SENTENCING HEARING A hearing following a guilty verdict after a trial or when the defendant has entered a guilty plea. The judge imposes a penalty for committing the crime. As a victim, you have the right to speak to the judge at the sentencing hearing, or you can provide information to the judge in your Victim Impact Statement.

SEQUESTRATION An order from the judge allowing only one witness in the courtroom at a time and keeping witnesses from talking to each other regarding their testimony. Sequestration orders are to ensure that each witness tells the judge and jury only what he/she remembers about a criminal offense.

SUBPOENA An order from the prosecutor, defense counsel or judge for someone to appear in court to testify. If that person does not come to court after getting a subpoena, the judge may decide to hold that person in contempt of court which could result in an arrest warrant.

TESTIMONY Statements a witness gives to the judge and jury after taking an oath to tell the truth about a court case.

TRIAL A court hearing to determine a defendant's guilt or innocence. A trial may last more than one day.

WITNESS Anyone who may know something about a specific crime. Not all witnesses are subpoenaed to testify in court, but law enforcement officers will need information from all witnesses to determine what crime has been committed.