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VICTIMS' RIGHTS UNDER ARIZONA STATUTE AND COURT RULE
Victims' rights before trial: Upon request, You have the right to be notified:
- Of the date, time, and place of court hearing involving the defendant.
- Of the release or escape of the defendant from custody.
You have the right:
- To be informed of the name, address, and the phone number of the prosecutor's office handling the case.
- To be informed of victim services and other resources available to you, including crisis, medical, and other emergency services.
- In cases involving violations of State Criminal Statute, to be informed if a prosecutor declines to proceed with the prosecution and to be provided with the reasons for such a decision.
- To refuse defense interview and to establish reasonable conditions for any such interview in which you may choose to participate.
- To have the defendant or any agent of the defendant make any contact with you through the prosecutor's office.
- To designate a lawful representative to exercise your rights in the event you are unable to do so.
- To be present throughout all criminal proceedings of recognizance release when there have been threats or harassment by or on behalf of the defendant and when the prosecutor decides NOT to take such action.
- To be informed of the defendant's release and/or any hearings to determine the defendant's eligibility for release from secure custody including release from custody of a mental health treatment facility to which the defendant was remanded by court order.
- To confer with the prosecutor prior to a proposed change of plea and to be heard at any proceeding involving a plea agreement.
Victims' rights during trial:
- To confer with the prosecutor prior to trial.
- To be present in the courtroom.
- To not have to testify regarding the victim's address, telephone numbers, place of employment, or other personal information unless the victim consents or is ordered by the Court : The Defendant has the right to be present.
- To exercise your right to be heard in any proceeding by providing an oral, written or video/audio taped statement.
- To be provided appropriate safeguards to minimize contact with the defendant, defendant's immediate family, and defense witnesses during and immediately after any court proceeding.
- To confer with the prosecutor and to be heard at any proceeding involving the release of the defendant from custody.
- To directly petition the court to revoke bond or personal recognizance.
- To be accompanied at any judicial proceeding by a support person of your choice, including a Victim Witness Advocate, unless that person is also a witness.
- To provide the pre-sentence investigator with information regarding the emotional, physical, and financial impact the crime has had on you and to state your sentencing recommendations (felony only).
- To have a copy of the pre-sentence report, upon request, when it is available to the defendant (felony only).
Victims' rights during sentencing:
- To be heard at the time of sentencing, and to present evidence at any aggravation, mitigation, pre-sentencing or sentencing proceeding.
- To have the court order the defendant to pay restitution for your economic losses directly related to the crime.
Victims' rights after sentencing: You have the right, upon request:
- To be notified of the sentence imposed by the court.
- To have any property taken as evidence returned or to be given an explanation for any refusal to return such property.
- To be notified of any hearing regarding work furlough release or home arrest or any other post-conviction hearing directly affecting the defendant.
- To be heard at any proceeding regarding work furlough release or home arrest for the defendant.
- To be notified by the Board of Pardons and Paroles of the parole of the defendant from prison.
- To be notified by the Department of Corrections of the release, escape or death of the defendant.
- To be notified of any appeal of the defendant's conviction.
- To be notified of the release, including release on work furlough, of the defendant from jail.
- To be notified of any probation, revocation, or disposition proceedings.
- To be heard at any proceeding related to the discharge, modification, revocation, or termination of the defendant's probation.
- To contest any post-conviction release, unless the defendant is discharged from sentence, when reasonable efforts were not made to allow you to be present and heard at the hearing from which such release issues.
- To file a Restitution Lien against the defendant's property to ensure the payment of restitution.
- To recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of any of the above listed victim's rights.
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