The victim, also referred to as the complaining witness, does not have a role in most of the formal criminal proceedings other than to give formal testimony regarding their recollection of the events at a trial. However, the prosecution, by law, is requited to notify the victim of all scheduled court hearings, and the victim has the right to appear. The prosecution must consult with the victim before making any offer to settle the case with a plea bargain. The prosecutor does not have resolve the case in the way in which the victim would like. However, the prosecutor must take the victim's opinion into consideration. If a plea bargain is reached, the court must ask the prosecution if the victim has been consulted, and if the victim agrees with the plea bargain. The court may then take this information into consideration when deciding whether to accept the plea agreement of the parties. The victim always has the right to speak to the court at a bond hearing or a sentencing hearing.
For more information on the criminal defense process, please select a topic from the following menu:
Please contact our firm to discuss your legal issue.
Harrington Brewster & Clein P.C.
and the Denver Center for Mediation & Collaborative Law
1623 Washington Street
Denver, CO 80203
Telephone: 303-945-3599 | Fax: 303-831-0143
Maps and Directions | E-mail

