The information and materials provided using this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between the Pinal County Attorney’s Office and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the Pinal County Board of Supervisors, County Manager or other elected officials.
VICTIM RIGHTS LAWS
Victims’ Rights Definitions: ARS 13-4401 (Adult) & ARS 8-382 (Juvenile)
Arizona Victims’ Bill of Rights
Victims’ Rights for Adult Offenses, Title 13, Chapter 40
Victims’ Rights for Juvenile Offenses, Title 8, Chapter 3, Article 7
Rule 39, Rules of Criminal Procedure
Federal laws prohibit discrimination on the basis of race, color, national origin, religion, sex, age or disability. If you believe that you have experienced discrimination, you are encouraged to file a civil rights complaint as soon as possible. In most circumstances, you have only one year from the date of the incident to do so. To file a complaint, please complete the Compliant Verification Form at https://ojp.gov/about/ocr/pdfs/cvf.pdf and the Identity Release Statement at https://ojp.gov/about/ocr/pdfs/identity_rel.pdf. Then submit both forms to any of the following entities:
Office of Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW Washington, DC 20531
Arizona Department of Public Safety
VOCA Administration, MD3915
Civil Rights Coordinator
P.O. Box 6638
Phoenix, AZ 85005-6638
Office of the Arizona Attorney General
Civil Rights Division 1275 W. Washington Street
Phoenix, AZ 85007
Additional Victims Rights Definitions
Rights of Legal Entities & Businesses
Victim rights for legal entities are limited. A cooperation, partnership, association or other legal entity are afforded the following rights:
- Notification of right to appear and be heard at any proceeding relating to restitution or sentencing of the person convicted of committing the criminal offense against the legal entity.
- Notification of right to submit to the court a written statement containing information and opinion on restitution and sentencing.
- On request of the victim, notify of the date, time and place of any proceeding relating to restitution or sentencing of the person convicted of committing the criminal offense against the legal entity.
A lawful representative of the legal entity has the right, if present, to be heard at any proceeding relating to restitution or disposition of the case.
Rights of Neighborhood Associations
ARS 13-4401.01 & 8-385.01
A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood associations pursuant to this section. The procedures shall require the neighborhood association to provide to the city, town or county the name and telephone number of one person who shall act on behalf of the neighborhood association and who may receive notice or invoke rights pursuant to this section. The neighborhood association shall notify the city, town or county of any changes to this information. If the neighborhood association fails to keep this information current, the neighborhood association is deemed to have waived its rights under this section. For a neighborhood association to invoke their rights as a victim, the person who is registered with the city, town or county shall contact the law enforcement agency responsible for the arrest.
Pretrial Defense Interviews
The victim of a crime has the right to decide whether they would like to grant or refuse to submit to a pre-trial/defense interview, deposition or other discovery requests by the defendant’s attorney or investigator. If the defense attorney wishes to interview the victim, he or she must make his/her request through the Deputy County Attorney. The assigned victim advocate will notify the victim of their rights regarding the pre-trial/defense interview. If the victim agrees to an interview, they are entitled to the following rights:
- Talk to the defense attorney (with or without their own lawyer present, if they have one);
- Insist that a member of the County Attorney’s Office be present (which can include their assigned victim advocate) before they speak with the defense attorney;
- Be accompanied to the interview by a relative or support person, who is not a witness to the case;
- Refuse to answer any questions during the interview
- Terminate the interview at any time; and
- Place reasonable conditions for the interview (date, time, duration and location).
Right to Leave Work
Victims are not required to attend court unless they are subpoenaed, however they do have the right to attend any hearing at which the defendant has the right to be present ARS 13-4420. The Pinal County Attorney’s Office will make every effort to minimize the time the victim spends in court.
By law, if the victim’s employer is in Arizona and has 50 or more employees in each of twenty or more calendar weeks in the current or preceding calendar year, the victim has the right to leave work to attend court proceedings in their case or to obtain an Order of Protection or Injection Against Harassment, or any other injunctive relief to ensure the health, safety or welfare of the victim or the victim’s child. However, an employer is not required to compensate an employee who is a victim of a crime. The employer may require the victim to utilize accrued vacation leave, personal leave or sick time. In order to leave work pursuant to this right the employee must:
- Provide the employer with a copy of the form provided to them by the law enforcement agency.
- If applicable, give the employer a copy of the notice of each scheduled proceeding provided to the victim by the agency responsible for notification.
The employer shall keep confidential records regarding the employee’s leave. For more information, please refer to our Crime Victims’ Right to Leave Work brochure.
Right to be heard on petition to restore right to possess a firearm
The victim has a right to be present and heard at any proceeding in which the defendant has filed to have their rights to possess a firearm restored ARS 13-4441. In order for this right to be invoked the victim has to complete a Post-Conviction Notification Request form and return it to the Pinal County Attorney’s Office, Victim Services Division.