Who Is A Victim?
“Victim” is defined by the Constitution of Arizona as a person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the person’s spouse, parent, child, grandparent, sibling, or other person who may be related to the victim, or other lawful representative, except if the person is in custody for an offense or is the accused.
Criminal and juvenile justice statutes allow a victim who is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness; the designated person may exercise the same rights that the victim is entitled to exercise. The victim may revoke this designation at any time and exercise his or her victim’s rights.
If you are a victim in a criminal case as defined by Arizona State Law, you are entitled to Victims’ Rights.
As a victim you have the 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 procedures 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 their rights.
- To be informed of victims’ constitutional rights.
If you are a victim, you also have the right upon request:
- To designate a lawful representative to exercise your rights in the event you are unable to do so.
- To have your home address and employer’s name or address withheld from the defendant and his representatives.
- To be present in the courtroom during a trial proceeding.
- To be heard at defendant’s sentencing either through an oral or written statement.
- To be heard at any proceeding related to the modification, revocation or termination of defendant’s probation.
- To have any personal property taken as evidence returned; or if property is not returned, to be informed of the reason why.
- To file a restitution lien against the defendant’s property to ensure the payment of restitution.
Victims’ Rights mandates apply to victims of all crimes. Some rights are automatic and others are “upon request.” In order to exercise these rights, you will need to sign a Victim Request for Rights Form given to you by the reporting police officer or complete the Victim’s Invocation of Rights form mailed to you with the initial victims’ rights letter. You may also contact our office to invoke your rights as a victim. If you waive these “upon request” rights now, they can be requested at a later time.
Copies of reports are available free of charge to victims, criminal justice agencies, parties involved in accidents and parents or guardians of juvenile victims.
If you or someone you know:
- Are being called names, put down, or humiliated.
- Are being threatened, harassed, or followed.
- Are being pushed, slapped, hit, or punched.
- Are being isolated from family and friends, or are not allowed to go places.
by someone you love, someone you have children with, live with or have lived with or someone you are related to, then you may be a victim of domestic violence and should seek help by telling someone or contacting the police department to report the incident.
Victims of misdemeanor crimes that occur within the Casa Grande City limits are provided with victims’ rights information from the City Prosecutor’s Office, initially via mail. The information is sent to the victim at the address listed in the police report. If you believe you are a victim of a misdemeanor crime being prosecuted by the City Prosecutor’s Office, and your address listed in the police report is incorrect, or you have moved or someone at the address might seize your mail, please contact the City Prosecutor’s Office at (520) 421-8600.