Criminal Justice Process

A crime victim has the right to let the court know, prior to sentencing, how the crime has affected victim and the victim’s family.  A Victim Impact Statement helps to ensure a victim’s right to be heard even if the victim cannot personally appear at sentencing.  The victim impact statement may be either written or oral.  It allows the victim to provide information for the judge’s consideration at sentencing.  It allows the victim to show the pain, anguish, and financial devastation the crime may have caused.  The judge really does not know how truly affected the victim is unless the victim speaks up.  

A victim impact statement may include the following information:

• Physical injuries suffered 
• Medical treatment required 
• Psychological injuries suffered 
• Psychological treatment required 
• Amount of time lost from work 
• Prognosis for further psychological treatment 
• Prognosis for further medical treatment, including surgery, therapy, etc. 
• Lingering pain, anxiety, anguish and nightmares 
• The impact on the victim’s lifestyle 
• The impact on the victim’s family’s lifestyle 

The victim impact statement should include the defendant’s name and case number at the top. It should be addressed to the Honorable Judge. It should also be signed and dated by the victim. If a victim has any questions or needs assistance, he or she may contact our office at (928) 341-8598. A Victim Impact Statement may be faxed to our office at (928) 627-0222.  The original should be sent to the Court, and a copy sent to the parties involved.  This impact statement will be kept in the Court’s file and thus may be seen by the defendant or his attorney.  Therefore, a victim may wish to exclude personal information from the statement, such as an address or phone number.  

The defendant may be ordered to pay restitution for the following:

1.  Fair Market Value for Stolen or Damaged Property:  Market value is what the used property would sell for - not the cost of replacing the item or its purchase prices.

2.  Cost of repair or replacement of doors, locks, windows, mailboxes, fences, etc. damaged as a direct result of the crime.

3.  Lost Wages Due to Voluntary Attendance at Trial Proceedings Directly Related to the Crime- whether or not the victim was subpoenaed.

4.  Travel Expenses and Attorney’s Fees to close a deceased victim’s estate

5.  Moving Expenses for safety and/or or assist in a victim’s mental health recovery in domestic violence and/ or sexual assault cases.

6.  Estimated Dollar Amount for future medical Expenses and lost wages for the victim.

7.  Restitution will NOT include dollar value for any stolen property recovered and returned to the victim. Damage to stolen property can be included in restitution requests.

8.  Out of Pocket Medical Expenses Mental Health Counseling (for the victim and the victim’s immediate family), Loss of wages (as a direct result of the crime) and Funeral Costs not paid for by insurance (including Arizona Health Care Containment System - AHCCCS) AND/OR Crime Victim Compensation.

9.  Towing and Storage Expenses for a vehicle that was stolen and recovered by law enforcement.

10.  Cost of rental Car, Taxi Fares when a victim’s vehicle has been stolen and/or damaged as a result of the crime.

The defendant, in a criminal prosecution, cannot be ordered to pay:

1.  Damages for pain and suffering.
2.  Punitive damages - damages awarded over and above special and general damages to punish a losing party’s willful or malicious misconduct.
3.   Consequential damages - that is, losses that do not flow directly and immediately from the defendant’s action.   
4.   Restitution for damage to your vehicle relating to a hit and run offense

DOCUMENTATION SUGGESTIONS:

• Did you file an insurance claim? Then we need your insurance information & claim number
• Estimate to repair auto or home damage
• Receipt for damage already repaired
• Medical bills
• Insurance settlement statement showing your deductible and what insurance paid
• Towing/storage receipt
• Receipt for rental car/taxi fare

Still have documentation questions? Please call our office (928) 341-8598.

A.R.S. § 13-4439. Right to leave work; scheduled proceedings; counseling; employment rights; nondiscrimination; confidentiality; definition

A. An employer who has fifty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a victim of a crime to leave work to:

1. Exercise the employee's right to be present at a proceeding pursuant to sections 13-4414, 13-4420, 13-4421, 13-4422, 13-4423, 13-4426, 13-4427 and 13-4436.
2.  Obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim’s child.

B. An employer may not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to subsection A of this section.

C. An employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to subsection A of this section.

D. If an employee leaves work pursuant to subsection A of this section, the employee may elect to use or an employer may require the employee to use the employee's accrued paid vacation, personal leave or sick leave.

E. An employee who is a victim of a crime shall not lose seniority or precedence while absent from employment pursuant to subsection A of this section.

F. Before an employee may leave work pursuant to subsection A of this section, the employee shall do all of the following:

1. Provide the employer with a copy of the form provided to the employee by the law enforcement agency pursuant to section 13-4405, subsection A, the information the law enforcement agency provides to the employee pursuant to section 13-4405, subsection E, a court order the employee is subject to or any other proper documentation.
2. If applicable, give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency that is responsible for providing notice to the victim.

G. It is unlawful for an employer or an employer's agent to refuse to hire or employ, to bar or to discharge from employment or to discriminate against an individual in compensation or other terms, conditions or privileges of employment because the individual exercises the right to leave work pursuant to subsection A of this section.

H. Employers shall keep confidential records regarding the employee's leave pursuant to this section.

I. An employer may limit the leave provided under this section if the employee's leave creates an undue hardship to the employer's business.

J. The prosecutor shall inform the victim of the victim's rights pursuant to this section.  A victim may notify the prosecutor if exercising the victim's right to leave under this section would create an undue hardship for the victim's employer.  The prosecutor shall communicate the notice to the court during the scheduling of proceedings where the victim has the right to be present.  The court shall continue to take the victim's schedule into consideration when scheduling a proceeding pursuant to subsection A of this section.

K. For the purposes of this section, "undue hardship" means a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee. 

A. To preserve and protect victims' rights to justice and due process, a victim of crime has a right:

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 victim's 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.