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 Services FAQ
How will I receive information on my case?
Once the case is charged, a victim advocate will be assigned to your case. You will be mailed an initial contact packet, which will include an introductory letter with the case number, charges, the defendant’s name and contact information for your assigned advocate. The initial contact packet will also contain the Victim Loss Statement and Victim Impact Statement forms for you to complete and return to the Victim Services Division. Returning these forms is very important if you wish to provide input regarding your case and/or restitution. You may also choose if you would like to receive notifications via physical mail or email, advise the assigned advocate of your preference.
If during the course of the case you should move, or change your telephone number please contact our office to provide your updated contact information. Failure to provide updated contact information could result in notifications regarding proceedings being ceased. However, as the victim you can re-opt in at any time simply by contacting the Pinal County Victim Services office at 1(800)208-6897 ext 6813 or (520) 866-6813.
Are all victims rights automatic?
Many of the rights afford to victims through legislation and rules of court are automatic, however there are some rights that are available only upon request. As the victim you can in at any time simply by contacting the Pinal County Victim Services office at 1(800)208-6897 ext 6813 or (520) 866-6813. For more information regarding the implementation of rights and the opt-in process refer to ARS 13-4402 & 8-383 (Implementation of rights), 13-4417 & 8-398 (Request for notice). See below: The defendant has been sentenced, what happens next?
Why was my case continued?
There are many reasons processing of a case may be delayed. Although, the Deputy County Attorney (DCA) does their best to reduce continuances they are sometimes unavoidable. There are many reasons for continuances that are out of the control of the assigned DCA, such as heavy court calendars, conflicts in schedules for all the parties involved and statues related to court processes and discovery.
How can I get a copy of the police report?
A victim of a crime that is a part I crime under the statewide uniform crime reporting program has the right to receive one copy of the police report from the investigating law enforcement agency at no charge ARS 39-127.
Can I drop the charges against the person who is being prosecuted?
Although, the victim may provide input as to the outcome of the case, it is the responsibility of the State to file charges against the defendant. The victim has the right to confer with the prosecutor, however the decision to file or dismiss charges is at the discretion of the Deputy County Attorney.
How do I give input on a case?
There are several ways a victim can invoke their right to be heard during the case. A victim can provide input via an oral statement, written statement or digital or audio media 13-4428 & 8-407 (Victim’s discretion; form of statement). The victim can provide a written statement by completing the Victim Impact Statement and submitting a copy to the Victim Services Division. There are times when the victim can address the court, for example providing opinions on release conditions, plea agreements and sentencing. If you would like to make a statement to the court please inform your assigned advocate, so that they can make the Deputy County Attorney aware. If you are uncomfortable, addressing the court you can submit a Victim Impact Statement or have your advocate read a statement on your behalf. To provide input on a case or opt-in contact the Pinal County Attorney’s Office, Victim Services Division at 1(800)208-6897, Ext. 6813 or (520) 866-6813 to speak with your assigned advocate.
What should my Victim Impact Statement Include?
The Victim Impact Statement should include information regarding psychological, emotional, economic or physical harm you have suffered that is directly related to the crime. You may also include sentencing recommendations and any additional information you believe the court should take into consideration. The victim impact statement may also include the following information:
- An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.
- An explanation of the extent of any economic loss or property damage suffered by the victim.
- An opinion of the need for and extent of restitution.
- Whether the victim has applied for or received any compensation for the loss or damage.
What can I do if the defendant is harrassing me?
There are several things that you can do if the defendant is continuing to harass you or violate no contact orders. First and foremost, if you are in immediate danger we suggest you call 911. If the Judge ordered no contact in the release conditions and the defendant is still continuing to contact you we suggest you notify your local law enforcement agency and your assigned victim advocate. You can notify your victim advocate simply by calling 1(800)208-6897, Ext 6813 or (520) 866-6813. If you have not already done so we encourage you to obtain an Order of Protection or Injunction Against Harassment. If the defendant continues to initiate contact with you after an Order of Protection or Injunction Against Harassment is served notify your local law enforcement agency and assigned advocate. If the defendant violates the release conditions, Order of Protection or Injunction Against Harassment the Deputy County Attorney may file a motion to revoke the defendant’s conditions of release and the defendant may be taken into custody. If the prosecutor decides not to move to revoke the bond or personal recognizance of the defendant, the victim may petition the court to revoke the bond or personal recognizance based on the victim’s notarized statement asserting that harassment, threats, physical violence or intimidation against the victim or the victim’s immediate family by the defendant or on behalf of the defendant has occurred ARS 13-4432.
What is a declination?
A declination is when the Deputy County Attorney decides not to charge the case. Should the Deputy County Attorney decide to decline the case, the listed victim(s) will be advised of their right to speak with the prosecutor prior to the decision becoming final ARS 13-4408 & 8-389 (Notice of rights), 13-4410 (Notice of conviction, acquittal or dismissal; impact statement) & 13-4419 & 8-399 (Victim conference with prosecuting attorney). Victims are informed of the decision to decline charges through written notification stipulating a deadline for the victim(s) to contact the prosecutor if they wish to discuss the case before the decision is final.
What is a dismissal?
AFTER the case has been charged the Deputy County Attorney may choose to dismiss the charges for many reasons. Should the Deputy County Attorney decide to dismiss the charges, the listed victim(s) will be advised of their right to speak with the prosecutor prior to the decision becoming final. With regards to dismissal, the victim will need to contact their assigned advocate if the wish to invoke their right to confer with the Deputy County Attorney. If a criminal offense against a victim has been charged, but the prosecution on the count or counts involving the victim are dismissed as a result of a plea agreement, the victim of the offenses involved in the dismissed counts may upon request may exercises all applicable rights of a crime victim throughout the criminal justice process ARS 13-4402.01 & 8-383.01 (dismissed counts), 13-4408 & 8-389 (pretrial notice), 13-4419 & 8-399 (Victim conference with prosecuting attorney) 13-4410 & 8-391 (Notice of conviction, acquittal or dismissal/ Notice of adjudication; impact statement).
How do I invoke my right to confer with the prosecutor?
The victim has a right to confer with the prosecutor regarding any declination, dismissal, plea negotiation, or pretrial diversion referral ARS 13-4408 & 8-389 (Notice of Rights) & 13-4419 & 8-399 (Victim Conference). For cases involving declination the victim will need to contact the assigned Deputy County Attorney. For all other charging decisions a victim can invoke their right to confer with the prosecutor by contacting the Pinal County Attorney’s Office, Victim Services Division at 1(800)208-6897 ext 6813 or (520) 866-6813 and speaking with their assigned advocate. While the victim has the right to confer with the Deputy County Attorney regarding the case they cannot direct the prosecution of the case. Decisions regarding charging of the case, diversion and plea agreements are at the discretion of the assigned Deputy County Attorney. If you disagree with the decision, you are encouraged to discuss this with the assigned Deputy County Attorney and attend court to express your opinion to the judge.
What is diversion?
The purpose of the diversion program is to hold the defendant accountable, identify contributing factors to criminal behaviors and refer the defendant to appropriate services that address individualized needs, while encouraging positive behavioral change. Under this program, the defendant will be required to sign a contract, whereby he/she admits to committing the crime and agrees to abide by certain conditions for a period of time, including paying restitution to the victim. Conditions can include, but are not limited to no contact with the victim, educational and treatment services, community service and monetary fees. The benefit to the State and the victim, is that in most cases there is a shorter period of time for case resolution, the program saves tax payers money spent on court processes and participants in diversion programs have higher successful completion and lower recidivism rates than offenders who are sentenced to Probation or the Arizona Department of Corrections. If the defendant successfully completes the program, the offense will not be further prosecuted further. However, should the defendant fail to abide by the conditions of diversion, the defendant could be removed from the program and the Deputy County Attorney will file a notice to resume prosecution with the court. For more information regarding adult diversion please refer to our Diversion page. For more information regarding Juvenile Diversion please refer to the Pinal County Juvenile Court Services Diversion page and ARS 8-388.
The defendant has been sentenced, what happens now?
Within fifteen days after the defendant has been sentenced, the Victims Services Division will send you notification of the sentence imposed and Post-Conviction Notification Request (adult) or Post-Adjudication Notification Request (juvenile). In order to continue receiving updates regarding modifications to probation, the defendant’s custody status, hearings and appeals processes you will need to complete these forms and return them to the appropriate agency(ies). The forms that need to be completed and which agency they need to be sent to vary depending on the outcome of the sentencing/disposition hearing and if the offender was sentenced as a juvenile or adult. You can access these forms along with instructions for completing them and which agency(ies) will need to receive copies on our Forms and Surveys page. It is the responsibility of the victim to keep their contact information updated with EACH agency they opt-in with ARS 13-4417. Failure of the victim to keep their contact information updated is considered a waiver of rights and could result in victim notifications being ceased. For more information regarding notification of sentencing and post-conviction notice refer to ARS 13-4410, 13-4411 & 8-392.
What are my rights if the defendant is sentenced to probation?
If a defendant is sentenced to probation they will be assigned to a probation officer. If the defendant was convicted as a juvenile they will be supervised by Juvenile Court Services and if they were convicted as an adult they will be supervised by the Adult Probation Department. The defendant will be required to report regularly to their probation officer. The frequency of reporting depends on many different factors including risk to the community, the defendant’s participation in services and probation status. If the defendant fails to comply with their terms and conditions their probation could be revoked. It is important that if you wish to continue receiving notifications regarding the defendant’s probation status, modifications to probation terms and custody information you will need to complete the Post-Conviction Notification Request (adult) or Post-Adjudication Notification Request (juvenile) form and return it to the probation department. It is the responsibility of the victim to keep their contact information updated with EACH agency they opt-in with ARS 13-4417. Failure of the victim to keep their contact information updated is considered a waiver of rights and could result in victim notifications being ceased. For more information regarding notification of sentencing and post-conviction/post-adjudication notice refer to ARS 13-4411 & 8-392. For more information regarding victims’ rights if the defendant is sentenced to probation refer to ARS 13-4410, 13-4415 & 8-396 (Notice of probation modification, termination or revocation disposition matters; notice of arrest) & 13-4427 & 8-406 (Probation modification, revocation disposition or termination proceedings).
What are my rights if the defendant is sentenced to the Arizona Department of Corrections?
It is important that if you wish to receive notifications regarding the defendant’s custody status and provide input on release decisions and appellate proceedings you will need to complete the Post-Conviction Notification Request (adult) or Post-Adjudication Notification Request (juvenile) forms and return them to the appropriate agency(ies). As a victim, you can also request not to receive mail from the inmate 13-4411.01 & 8-392.01 (right to request not to receive inmate mail). Instructions for initiating this request is included on the Post-Conviction Notification Request and Post-Conviction Adjudication Request forms. For more information regarding notification of sentencing and post-conviction notice refer to ARS 13-4411 & 8-392. It is the responsibility of the victim to keep their contact information updated with EACH agency they opt-in with ARS 13-4417. Failure of the victim to keep their contact information updated is considered a waiver of rights and could result in victim notifications being ceased. For more information regarding victims’ rights if the defendant is sentenced to the Arizona Department of Corrections or Arizona Department of Juvenile Corrections refer to ARS 13-4410, 13-4411 & 8-392 (Notice of post-conviction/post-adjudication review and appellate proceedings), 13-4412 & 8-393 (Notice of release or escape), 13-4413 & 8-394 (Notice of status), 13-4414 & 8-395 (Notice of post-conviction release/post adjudication release; right to be heard; hearing; final decision) & 31-230 (Prisoner spendable accounts; fees).
How can I get restitution?
Pursuant to ARS 13-806, if you incurred expenses as a direct result of a crime that the defendant is convicted of, you may be eligible to receive restitution. A Pre-Conviction Restitution Lien may also be requested by the victim or prosecutor after the cases has been filed or indicted. A victim seeking restitution can request restitution for economic losses by completing the Victim Loss Statement (LINK to “FORMS & SURVEYS, VICTIM LOSS STATEMENT) and providing a copy of the completed form and supporting documentation i.e. receipts or estimations for repairs to the Victim Services Division. Victims’ Services will provide copies of the Victim Loss Statement and supplemental documentation to the court, District County Attorney and defense counsel. If you are seeking restitution it is important to provide the completed Victim Loss Statement and supporting documentation to the Victim Services Division early in the case. Submitting the forms and supporting documentation does not guarantee the victim will receive restitution. In most cases, a judge makes the determination regarding the amount of restitution that is ordered. If the defendant disagrees with the amount of restitution being requested by the victim, the defendant can request a hearing where the court may call the defendant and/or victim to testify and produce information or documentation as to their loss. At this hearing the state does not represent the victim, but will present the evidence or information relevant to the issue of restitution to the court.
For more information regarding restitution, please refer to our Restitution page, AZCOURTS; Restitution Laws & AZCOURTS; Restitution Lien Instructions and Forms.
Who tracks if a defendant makes restitution payments?
If a defendant is sentenced to serve a term of imprisonment in the Arizona Department of Corrections (ADC), per the Arizona Constitution, Article 2, Section 2.1 Victims Bill of Rights & ARS § 31-230 ADC is required to withdraw 20% -50% of the monies available in an inmates spendable account each month to pay towards court ordered restitution. However, inmates are not required to work and if they do not work, then no monies will be taken.
If a defendant is sentenced to a term of probation, restitution is a condition of probation and if the defendant falls at least 60 days delinquent on paying restitution, the probation officer may request a hearing where the defendant will have to go before the court to show cause. If the defendant is found in contempt, the court could issue a summons or an arrest warrant, or require the defendant to serve some jail time. If the victim requested post-conviction notification, they are provided a copy of the notice of hearing. For information regarding opting in for post-conviction notice refer to the section, "The Defendant has been Sentenced, What Happens Next?"
For more information regarding restitution, please refer to our Restitution page and AZCourts; Restitution Laws.