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Victims' Rights
You have the right to remain silent!
Police officers tell suspected criminals their rights. But do you know that when you are the victim of a crime that you have rights?
A “Victim” is anyone who has had a criminal offense committed against them. Situations where YOU would be a victim:
1. Your bike gets stolen.
2. You get beat up at school or at home.
3. Your house is broken into and things are stolen.
4. You are hurt in a car accident that is not your fault.
5. If someone in your family is injured by a criminal, YOU are a victim.
6. You get unwanted internet attention on MySpace.
7. You get sexually harassed at school or at home.
If situations like the ones above happen to you, there are certain rights you have. These are called “Victims’ Rights.” Here is a list of Arizona Victim's Rights:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at, and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. 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.
6. 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.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure 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 these rights.
12. To be informed of victims' constitutional rights.
(B) A victims' exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.
If you are a victim and your victim’s rights have been violated, tell someone immediately. If you already have legal counsel, tell your attorney. If you do not have legal counsel it will be harder to get your voice heard.
It is also against the law for your employer to punish you in any way for missing time at work because of criminal proceedings. If you have experienced this tell your legal counsel immediately.
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