Arizona Laws 13-4428. Victim’s discretion; form of statement
Current as of: 2023 | Check for updates
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A. It is at the victim‘s discretion to exercise the victim’s rights under this chapter to be present and heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from going forth with the proceeding.
Terms Used In Arizona Laws 13-4428
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- Criminal offense: means conduct that gives a peace officer or prosecutor probable cause to believe that a felony, a misdemeanor, a petty offense or a violation of a local criminal ordinance has occurred. See Arizona Laws 13-4401
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Rights: means any right that is granted to the victim by the laws of this state. See Arizona Laws 13-4401
- Victim: means a person against whom the criminal offense has been committed, including a minor, 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 13-4401
B. Except as provided in subsection C of this section, a victim’s right to be heard may be exercised, at the victim’s discretion, through an oral statement, submission of a written statement or submission of a statement through audiotape or videotape or any other video or digital media that is available to the court.
C. If a person against whom a criminal offense has been committed is in custody for an offense, the person may be heard by submitting a written statement to the court.