(ATTORNEY)

(BAR ID)

(ADDRESS)

(TELEPHONE)

Attorney for Crime Victim

Arizona Voice for Crime Victims

IN THE (COURT) COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF (COUNTY)

_________________

STATE OF ARIZONA,                       )                        No. CR (CASE NUMBER)

                                                            )

                        Plaintiff,                        )                        NOTICE TO COURT VICTIM’S

                                                            )                        REQUEST FOR PROSECUTION

vs.                                                        )                        TO PROVIDE NOTICE OF

                                                            )                        CONDITIONS OF RELEASE, PRE-

(DEFENDANT)                                  )                        TRIAL NOTICE, NOTICE OF

                                                            )                        CRIMINAL PROCEEDINGS, AND

                        Defendant,                    )                        NOTICE OF DISPOSITION

                                                            )

                        (VICTIM)                    )                        (Assigned to the Honorable (Judge)

                        Crime Victim                        )

(VICTIM), the Crime Victim, by and through undersigned counsel, hereby provides notice to the court that the Victim has requested notice from the prosecuting attorney of conditions of release, pretrial notice, notice of criminal proceedings, and notice of disposition, based on the legal authority and the reasons set forth in the attached Memorandum of Points and Authorities.

Respectfully submitted this _______ day of ________________, _____.

                                    By                                           

                                    (ATTORNEY) (BAR ID)

                                    Attorney for Crime Victim

                                    Arizona Voice for Crime Victims

MEMORANDUM OF POINTS AND AUTHORITIES

I.            STATEMENT OF FACT

[Type Statement of Fact for REQUEST FOR NOTICE OF CONDITIONS OF RELEASE, PRETRIAL NOTICE, NOTICE OF CRIMINAL PROCEEDINGS, AND NOTICE OF DISPOSITION here.]

II.        LAW AND ARGUMENT

The crime victim in this case respectfully requests notice be given as provided by Arizona law. Pursuant to Arizona law, notice of the following is required to be given to the crime victim:

Ariz. Rev. Stat. §13-4408. Pretrial Notice.

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, §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 his right to confer with the prosecuting attorney pursuant to §13-4419.

4.      The person within the prosecutor’s office to contact for more information.

B.     Notwithstanding the provisions of 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 shall, before the decision not to proceed is final, notify the victim and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of his right on request to confer with the prosecutor before the decision not to proceed is final. Such notice applies only to violations of a state criminal statute.

Ariz. Rev. Stat. §13-4409. Notice of Criminal Proceedings.

A.     Except as provided in subsection B, the court shall provide notice of criminal proceedings, for criminal offenses filed by information, complaint or indictment, except initial appearances and arraignments, to the prosecutor’s office to provide notice to the victim.

B.     If the court finds that it is not reasonable to provide five days’ notice to the prosecutor’s office under subsection A, the court shall state in record why it was not reasonable to provide five days’ notice.

C.     On receiving the notice from the court, the prosecutor’s office shall, on request, give notice to the victim in a timely manner of scheduled proceedings and any changes in that schedule.

Ariz. Rev. Stat. §13-4410. Notice of Conviction, Acquittal or Dismissal; Impact Statement.

A.     The prosecutor’s office shall, on request, give to the victim within fifteen days after the conviction or acquittal or dismissal of the charges against the defendant notice of the criminal offense for which the defendant was convicted or acquitted or the dismissal of the charges against the defendant.

B.     If the defendant is convicted and the victim has requested notice, the victim shall be notified, if applicable, of:

1.      The function of the pre-sentence report.

2.      The name and telephone number of the probation department that is preparing the pre-sentence report.

3.      The right to make a victim impact statement under §13-4424.

4.      The defendant’s right to review the pre-sentence report.

5.      The victim’s right to view the pre-sentence report except those parts excised by the court or made confidential by law and, on request, to receive a copy from the prosecutor.

6.      The right to be present and be heard at any pre-sentence or sentencing proceeding pursuant to §13-4426.

7.      The time, place, and date of the sentencing proceeding.

8.      If the court orders restitution, the right to file a restitution lien pursuant to §13-806.

C.     The victim shall be informed that the victim’s impact statement may include the following:

1.      An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.

2.      An explanation of the extent of any economic loss or property damage suffered by the victim.

3.      An opinion of the need for and extent of restitution.

4.      Whether the victim has applied for or received any compensation for the loss or damage.

D.     Notice provided pursuant to this section does not remove the probation department’s responsibility pursuant to §12-253 to initiate the contact between the victim and the probation department concerning the victim’s economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of sentencing and of the victim’s right to be present and be heard at that proceeding.

The linchpin of the Arizona State Constitution’s Victims’ Bill of Rights is the right of victims to be informed of their constitutional rights, and the state has an obligation to so inform them. State ex rel Hance v. Arizona Board of Pardons and Paroles, 178 Ariz. 591, 875 P.2d 824 (App. 1993, C).

III.            CONCLUSION

[Type Conclusion for Notice of Conditions of Release here]

Respectfully submitted this _______ day of ________________, _____.

                                    By                                           

                                    (ATTORNEY) (BAR ID)

                                    Attorney for Crime Victim

                                    Arizona Voice for Crime Victims