rights

VICTIM’S RIGHTS

WHAT ARE YOUR AUTOMATIC RIGHTS?

As a victim, you already have many rights that you do not have to request. These are called your automatic rights.

AUTOMATIC RIGHTS:

To be advised of all victim rights and how to assert them.
To receive information on the availability of crisis intervention, medical and emergency services, information on victim assistance programs and domestic violence resources.
To be provided the police report number, if available, and if the case has been submitted to the prosecutor’s office, information on how to contact that office.
To have your home address, and employer’s name and address withheld from the defendant and his or her representatives.
To refuse an interview with the defendant and anyone working on the defendant’s behalf (unless you are a peace officer and the crime occurred while you were acting in the scope of your official duties).
To be present at any court proceeding at which the defendant has a right to be present.
To be heard at any proceeding concerning release of the accused person, a plea agreement, and the sentencing (with some limitations if the defendant is facing the death penalty).
To speak with the pre-sentence investigator before the sentencing, to give a sentencing recommendation, and to read the pre-sentence report when it is available to the defendant.
To have the court order restitution, and to receive that restitution promptly.
To be notified upon request of the escape and rearrest of the accused or convicted person (this includes a person placed by court order in a mental health treatment agency).

WHAT RIGHTS ARE NOT AUTOMATIC?

There are some rights that you must request called “upon request” rights. Most of these rights are about being notified of legal proceedings and the results of those proceedings. The law enforcement officer will ask you to fill out a form asking whether you want to request or waive these rights.

“UPON REQUEST” RIGHTS:

To confer with the prosecutor about a decision not to proceed with a prosecution, dismissal of the charges, pretrial diversion programs, any plea or sentencing negotiations, and at any hearing regarding the release of the defendant. You also have the right to confer with the prosecutor prior to trial (these rights do not include the authority to direct the prosecution of the case).
To request the prosecutor assert any right to which you are entitled.
To receive a copy of the conditions of the suspect’s release from custody.
To be given notice of release on bond of the suspect.
To receive notice of all court proceedings at which the defendant has a right to be present.
To the return of your personal property taken during investigation, and if the property cannot be returned, to be advised of the reasons.
To be advised of the sentence imposed upon the defendant.
To be given notice of any hearing in which release from prison isbeing considered, the right to be present and heard at that hearing, and be advised of the result.
To be advised of the earliest possible release date of a prisoner sentenced to the Department of Corrections (if the sentence exceeds six months), and notice before the release of the prisoner or notice of the death if the prisoner has died.
Notice of any probation revocation disposition or probation termination proceeding. You also have the right to be notified of any modification of probation which will substantially affect your safety or the probationer’s contact with you, which will affect restitution or the probationer’s incarceration status.

Legal Advocacy

PIMA COUNTY ATTORNEY’S OFFICE VICTIM SERVICES DIVISION

Victim advocates can assist victims (or witnesses) throughout the life of the case. They can make the court system more tolerable and understandable for victims.

HOW VICTIM ADVOCATES CAN HELP YOU:

Ensure that when you exercise your rights, you receive everything entitled to you by law.
Talk with you to help you assess your needs and to make appropriate referrals.
Explain the different court proceedings, your rights, and the roles of other parties involved.
Help you understand the various options and outcomes of your case.
Provide support throughout the case (Support can include acting as a liaison between you and other parties, accompanying you to court, assisting with transportation to court proceedings, anticipating and preparing you for the different situations that may arise).
Help you prepare for meeting with the prosecutor and speaking in court.
Assist with completing Victims’ Compensation applications, restitution affidavits, and writing Victim Impact Statements.

Financial Assistance

Arizona Crime Victim Compensation Program

WHAT IS IT?

A program that offers financial help to victims of crime.

WHO IS IT FOR?

You can apply for financial help if you:

Were victimized in Arizona.
Report the crime to law enforcement agency within 72 hours.
Willingly cooperate with appropriate law enforcement agency.
Lose money as a direct result of the crime.
Suffer physical injury, extreme mental distress, or the death of a family member as a direct result of the crime.

WHAT COSTS CAN BE COVERED?

Medical expenses
Funeral expenses
Loss of wages
Mental health

WHAT/ WHO IS NOT COVERED?

Property loss or damage
Pain and suffering
Expenses that would benefit an offender
A person serving a sentence of imprisonment in a detention facility, home arrest, or work furlough.

HOW DO YOU APPLY?

Call the Southern Arizona Center Against Sexual Assault at (520) 327-1171 or (520) 327-7273 to request an application. You may also request an application by calling the Pima County Attorney’s Office at (520) 740-5525.

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