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Victim Information

Victim Specific Rights

As a victim in a case there are specific rights you have under Rule 39 of the Arizona Rules of Criminal Procedure.  These rights include the following: 

  1. The right to be provided with written notice regarding those rights available to the victim under this rule and under any other provision of law. 
  2. The right to be given reasonable written notice of the date, time and place of any hearing directly or indirectly involving the defendant, including hearings before trial, the trial itself, and any post-conviction proceedings. 
  3. The right to be notified of any escape of the defendant. 
  4. The right to be informed of any release or proposed release of the defendant, whether that release be before expiration of the sentence or by expiration of the sentence, and whether it be permanent or temporary in nature. 
  5. The right to confer with the prosecution and be heard at any proceeding involving release of the defendant or any plea bargain; and if the case goes to trial, the right to confer with the prosecutor prior to trial. 
  6. The right to be accompanied at any interview, deposition, or judicial proceeding by a parent or other relative, except persons whose testimony is required in this case. 
  7. The right to name an appropriate support person, including a victim’s caseworker, to accompany the victim at any interview, deposition or court proceeding, except where such support person’s testimony is required in the case. 
  8. The right to require the prosecutor to withhold, during discovery and other proceedings, the home address of the victim, the address of the victim’s place of employment, and the name of the victim’s employer; providing, however, that for good cause shown by the defendant, the court may order that such information be disclosed to defense counsel and may impose such further restrictions as are appropriate. 
  9. The right to refuse to be interviewed and to refuse to submit to deposition by a defendant acting pro se. 
  10. The right to refuse to be interviewed or to submit to deposition if the defendant is to be personally present at such interview or deposition. 
  11. At any interview or deposition to be conducted by defense counsel, the right to condition the interview or deposition on any of the following:

      1. Specification of a reasonable date, time, duration, and location of the interview or deposition, including a requirement that the interview or deposition be held at the victim’s home, at the prosecutor’s office, or in an appropriate location in the courthouse.

      2. The right to terminate the interview or deposition if it is not conducted in a dignified and professional manner.

      3. The right to refuse to submit to any deposition, or any portion thereof, on the grounds that it has no legitimate discovery purpose and is not calculated to lead to relevant information.  If, on balancing the interest of protection of the victim from further distress against society’s interests in furthering the truth-finding function of the proceeding, the court finds there is no substantial benefit to be derived from requiring the victim to submit to deposition and that any information sought by the defendant could be obtained by written interrogatories, it may order that the victim submit only to written interrogatories.  

  12. The right to a copy of any presentence report when the same is filed in court. 
  13. The right to be informed of the disposition of the case. 
  14. The victim shall also have the right to the assistance of the prosecutor in the assertion of the rights enumerated in this rule or otherwise provided for by law.  The prosecutor shall have the responsibility to inform the victim of the rights provided by this rule and by law, and to provide the victim with notices and information to which the victim is entitled by this rule or by law. 
  15. In asserting any of the rights enumerated in this rule or provided for in any other provision of the law, the victim shall also have the right to engage and be represented by personal counsel of his or her choice. 
  16. The rights and privileges enumerated in this rule may be waived by any victim.  Any victim desiring to claim the rights and privileges provided by this rule must provide the entity prosecuting the case with his or her full name, address, and telephone number.  Failure to keep the address and telephone number current shall be considered as a waiver of this rule.

Although a victim has the right to consult with the prosecutor regarding any case, the final plea offer or disposition is the sole decision of the prosecutor. 

As a victim of a crime help is available to you through the Pima County Victim Witness Program.  Also, please visit the Prosecution FAQ tab # 19 for additional numbers and websites.

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