The Colorado Court System

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Presentation transcript:

The Colorado Court System

Agenda Denver’s court system Municipal Court County Court District Court The Denver District Attorney’s Victim/Witness Program Small Claims Court State of Colorado adult correctional system

Denver’s Court System Denver’s court system differs from most others in the rest of the state, in part because Denver is both a city and a county. The Denver County Court functions as a municipal court as well as a county court. Denver County Court is paid for entirely by Denver taxes rather than state taxes. Denver also has the only separate Juvenile Court and Probate Court in the state. In the rest of Colorado, District Courts handle juvenile and probate matters. In Denver, the Juvenile and Probate Courts are state courts.

Municipal Courts Municipal (city) courts deal with violations of city laws committed within the city limits. Generally, these laws involve traffic, shoplifting and minor offenses or disturbances. Defendants in municipal cases have the right to a jury trial and to tell their side of the story. A decision of a municipal court can be appealed to a state court. Municipal cases are prosecuted by the City Attorney’s Office.

Denver City Attorney’s Office The City Attorney’s office provides services to over 6,000 victims of municipal ordinance violations. Over a third of those cases involved victims of domestic violence. They also provided services to victims of juvenile violence and nondomestic violence.

Denver City Attorney’s Office cont. The Denver City Attorney’s Office prosecutes city charges including: Threats to injure (simple) Assault (simple) Disturbing by use of telephone Disturbing the peace Public indecency Concealed weapon Shoplifting Begging Curfew Wrongs to minors Flourishing a weapon Petty theft Soliciting for prostitution Trespass Destruction of property Violation of a protection order

Penalties for City Charges Maximum of one year in jail $0–$999 in fines 36 weeks of domestic violence counseling Credit for timed served

City Attorney Victim Advocacy Program The program consists of: Three trial advocates Three arraignment advocates Juvenile advocate Nondomestic violence advocate Support supervisor/Roving advocate Program manager

City Attorney Victim Advocacy Program Services provided by the advocates include: Contact all victims of domestic violence and nondomestic municipal ordinance violations Help to explain the court system Advocate for victims while representing the City Attorney’s office Offer resources including referrals and protection orders Offer safety planning Continue to update the victim on a case’s status Work closely with the prosecuting attorney and victim throughout the court process Inform the victim of his/her rights and possible legal obligations Assistance with compensation and restitution

County Courts Every county in the state has a County Court. These courts handle traffic cases, minor criminal matters and civil matters involving no more than $5,000. All County Court and District Court cases are prosecuted by the District Attorney’s Office of the judicial district. An appeal from a County Court decision may be made to the District Court.

County Court The Denver District Attorney’s Office prosecutes county charges including: Criminally negligent homicide Careless driving involving death Third degree child abuse Third degree sexual assault Indecent exposure Third degree assault Menacing False imprisonment Theft less than $30,000 Driving under the influence Trespass Fourth degree arson Prostitution

District Courts District Courts are organized into 22 judicial districts in Colorado. Denver is the 2nd Judicial District. Each district has one or more district judges and serves one or more counties. District Courts have the authority to handle many types of cases including divorces, civil claims in any amount, juvenile matters, probate, mental health and criminal cases. A District Court decision may be appealed to the Colorado Court of Appeals or to the Colorado Supreme Court.

District Courts Cases handled by the Denver District Attorney’s Office include: Homicide Manslaughter Vehicular homicide Assault Child abuse Sexual assault Menacing Kidnapping Trespass Arson Forgery Theft of more than $30,000

The Denver District Attorney’s Victim/Witness Program The Denver District Attorney’s Victim/Witness Program operates within the county, juvenile and district court systems to provide support for victims and witnesses of violent crime. The District Attorney’s Office Victim/Witness Support Unit is composed of three interrelated components:

The Denver District Attorney’s Victim/Witness Program Victim Assistance cont. Victim compensation Victim assistance Witness services

The Denver District Attorney’s Victim/Witness Program Victim Compensation Victim Compensation is a statutory statewide program aimed at providing monetary reparations to the victims (or survivors of the victims) of violent crime. The compensation is primarily for expenses incurred as a direct result of victimization, such as: medical care, psychological counseling, funeral costs, loss of wages, etc. The fund is administered by a three-person compensation board within each state judicial district. The fund is created by a surcharge on convicted misdemeanor and felony offenders.

The Denver District Attorney’s Victim/Witness Program Victim Assistance Upon case filing of criminal charges, the District Attorney’s Office forwards a copy of the complaints sheet to the secretary of the courtroom the case is assigned to, who then gives a copy to the Victim Advocate assigned to that courtroom. This process usually takes 7 to 10 days after the case is filed.

The Denver District Attorney’s Victim/Witness Program Victim Assistance cont. The Victim Advocate divides cases into violent and nonviolent categories. Nonviolent case victims are sent letters that give case filing information and request property loss statements. Violent case victims are contacted by phone. This is to inform the victim of the defendant’s case status and to let the victim know about available services.

The Denver District Attorney’s Victim/Witness Program Victim Assistance cont. The Victim Advocate is available to the prosecution for assistance in pre-trial victim interviews. When court proceedings begin, the Victim Advocate provides judicial system orientation and/or escort services to victims of violent crime. The victim is kept informed of all case proceedings and the final dispositions. At sentencing, the Victim Advocate ensures that the Victim Impact Statement or victim’s testimony is prepared for the prosecutor’s presentation to the Court.

The Denver District Attorney’s Victim/Witness Program Witness Services In addition to direct victim contact, the Victim Advocates provide trial support by acting as a liaison between victims/witness and the prosecutor for relaying trial information. Services provided include: On-call notification for all felony trials Case continuation notification Final disposition notification Relocation for witnesses in some cases