Arizona Laws 8-403. Plea negotiation
A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the juvenile accused of committing the delinquent act against the victim will be presented to the court.
Terms Used In Arizona Laws 8-403
- Accused: means a juvenile who is referred to juvenile court for committing a delinquent act. See Arizona Laws 8-382
- Court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency. See Arizona Laws 8-382
- Delinquent: means a child who is adjudicated to have committed a delinquent act. See Arizona Laws 8-382
- juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
- 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.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Victim: means a person against whom the delinquent act was committed, 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 8-382
B. The court shall not accept a plea agreement unless:
1. The prosecuting attorney advises the court that before requesting the negotiated plea reasonable efforts were made to confer with the victim pursuant to section 8-399.
2. Reasonable efforts are made to give the victim notice of the plea proceeding pursuant to section 8-390 and to inform the victim that the victim has the right to be present and, if present, to be heard.
3. The prosecuting attorney advises the court that to the best of the prosecutor’s knowledge notice requirements of this chapter have been complied with and the prosecutor informs the court of the victim’s position, if known, regarding the negotiated plea.