Arizona Laws 13-4410. Notice of conviction, acquittal or dismissal; impact statement
A. The prosecutor’s office, on request, shall give to the victim within fifteen days after the conviction or acquittal or dismissal of the charges against the defendant notice of the criminal offense for which the defendant was convicted or acquitted or the dismissal of the charges against the defendant.
Terms Used In Arizona Laws 13-4410
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Conviction: A judgement of guilt against a criminal 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense. See Arizona Laws 13-4401
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 13-105
- Lien: A claim against real or personal property in satisfaction of a debt.
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: means anything of value, tangible or intangible. 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.
- 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
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
B. If the defendant is convicted and the victim has requested notice, the victim shall be notified, if applicable, of:
1. The function of the presentence report.
2. The name and telephone number of the probation department that is preparing the presentence report.
3. The right to make a victim impact statement under section 13-4424.
4. The defendant’s right to view the presentence report.
5. The victim’s right to view the presentence report except those parts excised by the court or made confidential by law and, on request, to receive a copy from the prosecutor.
6. The right to be present and be heard at any presentence or sentencing proceeding pursuant to section 13-4426.
7. The time, place and date of the sentencing proceeding.
8. If the court orders restitution, the right to:
(a) File a restitution lien pursuant to section 13-806.
(b) Request a copy of the defendant’s restitution payment history from the clerk of the court pursuant to section 13-810 or 31-412.
C. The victim shall be informed that the victim’s impact statement may include the following:
1. An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.
2. An explanation of the extent of any economic loss or property damage suffered by the victim.
3. An opinion of the need for and extent of restitution.
4. Whether the victim has applied for or received any compensation for the loss or damage.
D. Notice provided pursuant to this section does not remove the probation department’s responsibility pursuant to section 12-253 to initiate the contact between the victim and the probation department concerning the victim’s economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of sentencing and of the victim’s right to be present and be heard at that proceeding.