MEMORANDUM OF POINTS AND AUTHORITIES

 

I.          STATEMENT OF FACT

[Type Statement of Fact for MOTION FOR AN ORDER REQUIRING (LAW ENFORCEMENT AGENCY) TO NOTIFY CRIME VICTIM OF RIGHTS here.]

II.        LAW AND ARGUMENT

The law enforcement agency responsible for investigating the criminal offense is mandated by A.R.S. §13-4405 to provide the crime victim with written notice of the crime victim’s rights.

Arizona Revised Statute §13-4405 provides, in pertinent part:

§13-4405. Information provided to victim by law enforcement agencies.

A. As soon after the detection of a criminal offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency that has responsibility for investigating the criminal offense shall provide the victim with a multicopy form:

1. That allows the victim to request or waive applicable rights to which the victim is entitled, on request, under this article.

2. That provides the victim a method to designate a lawful representative if the victim chooses pursuant to §13-4403, subsection A or 13-4404.

3. That provides notice to the victim of all of the following information:

(a) The victim’s right under the Victims’ Bill of Rights, Article II, §2.1, Constitution of Arizona, to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.

(b) The availability, if any, of crisis intervention services and emergency and medical services and, where applicable, that medical expenses arising out of the need to secure evidence may be reimbursed pursuant to §13-1414.

(c) In cases of domestic violence, the procedures and resources available for the protection of the victim pursuant to §13-3601.

(d) The names and telephone numbers of public and private victim assistance programs, including the county victim compensation program and programs that provide counseling treatment and other support services.

(e) The police report number, if available, other identifying case information and the following statement:

If within thirty days you are not notified of an arrest in your case, you may call [the law enforcement agency’s telephone number] for the status of the case.

(f) Whether the suspect is an adult or juvenile, a statement that the victim will be notified by the law enforcement agency at the earliest opportunity after the arrest of a suspect.

(g) If the suspect is an adult and has been arrested, the victim’s right, on request, to be informed of the suspect’s release, of the next regularly scheduled time, place and date for initial appearances in the jurisdiction and of the victim’s right to be heard at the initial appearance and that, to exercise these rights, the victim is advised to contact the custodial agency regarding the suspect’s release and to contact the court regarding any changes to the initial appearance schedule.

(h) If the victim chooses to exercise the right to be heard through a written statement, how that statement may be submitted to the court.

B. If at the time of contact with a law enforcement agency the victim is physically or emotionally unable to request or waive applicable rights, the law enforcement agency shall designate this on the multicopy form and the entities that may be subsequently affected shall presume that the victim invoked the victim’s right to request applicable rights to which the victim is entitled, on request, unless the victim later waives those rights.

C. The law enforcement agency shall submit a copy of the victim’s request or waiver of preconviction rights form to the custodial agency and a copy to the prosecutor if a suspect is arrested, at the time the suspect is taken into custody. If there is no arrest, the form copies shall be submitted to the prosecutor at the time the case is otherwise presented to the prosecutor for review. The prosecutor shall submit a copy of the victim’s request or waiver of preconviction rights form to the departments or sections of the prosecutor’s office, if applicable, that are mandated by this article to provide victims’ rights services on request.

D. If the suspected offender is cited and released, the law enforcement agency responsible for investigating the offense shall inform the victim of the court date and how to obtain additional information about the subsequent criminal proceedings.

* * *

F. If a suspect has not been arrested at the time of contact with the victim pursuant to subsection A of this section, the law enforcement agency that is responsible for investigating the offense shall notify the victim of the arrest of a suspect at the earliest opportunity after the arrest and of the time, place and date for the initial appearances.

The statute repeatedly uses the term “shall.” [Cite AZ case for meaning of “shall.”] Thus, the statute does not leave the law enforcement agency with discretion to decline to provide the notices required by statute.

III.       CONCLUSION

[Type conclusion here]

 

Respectfully submitted this _______ day of ________________, _____.

 

                                                           By                                                                    

                                                           (ATTORNEY) (BAR ID)

                                                           Attorney for Crime Victim

                                                           Arizona Voice for Crime Victims