Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4402.01 (2026)

Victims' rights; dismissed counts

✓ current as of May 2026

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13-4402.01. Victims' rights; dismissed counts

A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been or is being dismissed as the result of a plea agreement in which the defendant is pleading to or pled to other charges, the victim of the offenses involved in the dismissed counts, on request, may exercise all the applicable rights of a crime victim throughout the criminal justice process as though the count or counts involving the person had not been dismissed.

B. As to each count that is dismissed, the prosecutor shall notify the probation department if the victim requested the victim's rights pursuant to this chapter.

C. For each victim who is involved in the dismissed counts and who requested the victim's rights, the prosecutor shall forward to the probation department information within the prosecutor's possession that would enable the probation department to carry out its duties as prescribed by this chapter.

Notes of Decisions

Cited in 1 case, 2020–2020 · leading case: State v. Hamilton, 468 P.3d 1264 (Ariz. Ct. App. 2020).

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State v. Hamilton, 468 P.3d 1264 (Ariz. Ct. App. 2020). · cites it 2× “See A.R.S. § 13-4402.01(A) (stating that if an offense against a victim has been charged but the offense is dismissed by a plea agreement in which the defendant pled to other charges, the victim of the dismissed charge “may exercise all the applicable rights of a crime victim…”

— Ariz. Rev. Stat. § 13-4402.01(A) — 1 case

State v. Hamilton, 468 P.3d 1264 (Ariz. Ct. App. 2020). “See A.R.S. § 13-4402.01(A) (stating that if an offense against a victim has been charged but the offense is dismissed by a plea agreement in which the defendant pled to other charges, the victim of the dismissed charge “may exercise all the applicable rights of a crime victim…”

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