Victim’s Rights in Arizona
The victims of any crime in Arizona are afforded multiple rights and protections through the Arizona Constitution. These rights allow the voice of every victim to be heard and ensure that victims of crimes are informed of all legal proceedings and receive the transparency and respect that they deserve.
According to Arizona’s Victims’ Bill of Rights, in order to preserve and protect their rights to justice and due process, a victim of a crime has a right:
- To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
- To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
- To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
- To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
- To refuse an interview, deposition, or other discovery request by the defendant, the defendant’s attorney, or other person acting on behalf of the defendant.
- To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
- To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
- To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury.
- To be heard at any proceeding when any post-conviction release from confinement is being considered.
- To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
- To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
- To be informed of victims’ constitutional rights.
Additionally, victims are afforded these additional rights:
Victims’ Right to Restitution
As also written in the Victims’ Bill of Rights, A.R.S. 31-230 allows victims to receive restitution. If the offender is imprisoned, money from their spendable account will be withdrawn monthly to pay any court-ordered restitution owed to the victim.
Victims’ Right to Know When the Accused is Released
According to A.R.S. 13-4413, a victim may request to be informed of the following information regarding a prisoner in the Department of Corrections:
- Within thirty days after the request, notice of the earliest release date of the prisoner if his sentence exceeds six months.
- At least fifteen days before the prisoner’s release, notice of the release.
- Within fifteen days after the prisoner’s death, notice of the death.
Victims’ Right to Be Informed of Proceedings
According to A.R.S. 13-4414, a victim has a right to be present and heard at any proceedings in which postconviction release from confinement is being considered. Victims are also given the right to any electronic recordings, free of charge, of any postconviction release hearings.
Victims’ Right to Not Receive Inmate Mail
According to A.R.S. 13-4411.01, victims and their family members have the right to request not to receive mail from the inmate who was convicted of committing a criminal offense against the victim.
Arizona Attorney General – Crime Victims’ Rights Laws
The Arizona Attorney General’s office provides a comprehensive booklet detailing victims’ rights in full.
Victims’ Rights by County or City
Victims’ rights are protected by the Arizona Constitution and state statute, making them applicable anywhere in the state. However, each county or city/municipality may provide their own services for victims of crimes. These services vary and may include:
- Victim compensation or restitution
- Trained victim advocates and support
- Victim board meetings
- Victim notifications
- Bill submission programs
- Accompaniment to court proceedings
- Volunteer programs
- Victim protection
- Public relations
Rideout Law Group offers victim representation services. If you are a victim of a criminal act and are interested in support and representation beyond what the court can provide, call Rideout Law Group today for a free consultation at 480-584-3328.