Arizona Laws 13-4408. Pretrial notice
A. Within seven days after the prosecutor charges a criminal offense by complaint, information or indictment and the accused is in custody or has been served a summons, the prosecutor’s office shall give the victim notice of the following:
Terms Used In Arizona Laws 13-4408
- Accused: means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial. See Arizona Laws 13-4401
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- Criminal offense: means conduct that gives a peace officer or prosecutor probable cause to believe that a felony, a misdemeanor, a petty offense or a violation of a local criminal ordinance has occurred. See Arizona Laws 13-4401
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Rights: means any right that is granted to the victim by the laws of this state. See Arizona Laws 13-4401
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Victim: means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 13-4401
1. The victim’s rights under the victims’ bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation and court rule.
2. The charge or charges against the defendant and a clear and concise statement of the procedural steps involved in a criminal prosecution.
3. The procedures a victim shall follow to invoke the victim’s right to confer with the prosecuting attorney pursuant to section 13-4419.
4. The person within the prosecutor’s office to contact for more information.
5. The victim’s right to request a preconviction restitution lien pursuant to section 13-806.
B. Notwithstanding subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor, before the decision not to proceed is final, shall notify the victim, whose information has been provided to the prosecutor pursuant to section 13-4405, and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of the victim’s right on request to confer with the prosecutor before the decision not to proceed is final. This notice applies only to violations of a state criminal statute.