Arizona Laws 13-4438. Statement of rights
In order to assure that any victim who comes before the court has been advised of the victim’s constitutional rights, the following statement shall be prominently posted in each superior, justice of the peace and municipal court in this state and shall be read out loud by a judge of the superior court at the daily commencement of the regular criminal docket at which accused persons are arraigned, appear for a status conference, make a change of plea or are sentenced:
Terms Used In Arizona Laws 13-4438
- 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
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- 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
- Docket: A log containing brief entries of court proceedings.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Release: means no longer in the custody of a custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 13-4401
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
If you are the victim of a crime with a case pending before this court, you are advised that you have rights to justice and due process under Arizona law that, among others, include the right to be treated with fairness, respect and dignity, to a speedy trial and a prompt and final conclusion of the case, to be present at court proceedings, to choose whether or not to be interviewed by the defendant or the defendant‘s attorney, to be heard before the court makes a decision on release, negotiation of a plea, scheduling and sentencing and to receive restitution from a person who is convicted of causing your loss. If you have not already been provided with a written statement of all victims’ rights, please contact the victim services division of the prosecutor’s office.