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:
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.
Notes of Decisions
State Ex Rel. Romley v. Superior Court, 891 P.2d 246 (Ariz. Ct. App. 1995).
“The prosecutor’s office must give the victim notice of certain proceedings and notice of the defendant’s status, §§ 13-4408 to -4416, and the victim has a right to confer with the prosecuting attorney regarding the disposition of an offense, § 13—4419.”
State Ex Rel. Hance v. Arizona Bd. of Pardons & Paroles, 875 P.2d 824 (Ariz. Ct. App. 1993).
· cites it 2× “” A.R.S. § 13-4408(A)-(A)(1). The prosecutor’s duties continue, requiring that office to notify the victim of the conviction, acquittal or dismissal of charges, the sentence imposed, and all post-conviction review proceedings and all releases from custody.”
Z.W. v. Foster, 422 P.3d 582 (Ariz. Ct. App. 2018).
· cites it 2× “S § 13-4406 (requiring notification to victim of defendant's initial appearance); A.R.S. § 13-4408 (requiring prosecutor to inform victim of rights); A.”
Arizona Attorneys for Crim. Just. v. Ducey (D. Ariz. 2022).
· cites it 2× “A.R.S. § 13-4408(A)(1). Likewise, trial courts are required 26 to “prominently post[ ]” a notice advising victims of their rights, including the 27 right “to choose whether or not to be interviewed by the defendant or the 28 17 Case 2:17-cv-01422-SPL Document 269 Filed 11/02/22…”
— Ariz. Rev. Stat. § 13-4408(A) — 1 case
State Ex Rel. Hance v. Arizona Bd. of Pardons & Paroles, 875 P.2d 824 (Ariz. Ct. App. 1993).
“” A.R.S. § 13-4408(A)-(A)(1). The prosecutor’s duties continue, requiring that office to notify the victim of the conviction, acquittal or dismissal of charges, the sentence imposed, and all post-conviction review proceedings and all releases from custody.”
— Ariz. Rev. Stat. § 13-4408(A)(1) — 1 case
Arizona Attorneys for Crim. Just. v. Ducey (D. Ariz. 2022).
“A.R.S. § 13-4408(A)(1). Likewise, trial courts are required 26 to “prominently post[ ]” a notice advising victims of their rights, including the 27 right “to choose whether or not to be interviewed by the defendant or the 28 17 Case 2:17-cv-01422-SPL Document 269 Filed 11/02/22…”
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