Crime Victims -Non-Domestic Violence

Information for Victims of Non-domestic Violence Crimes
The following provides you with basic information about procedures in Tucson City Court, your legal options, and important telephone numbers.  Each court system handles cases differently. Because your case occurred within the city limits of Tucson, the following describes the general processes within Tucson City Court.  Court proceedings are held at 103 East Alameda. Tucson City Court also provides valuable information at www.ci.tucson.az.us/courts.

Docket or Complaint Number
The numbers assigned to the defendant’s case and used throughout the system. Be prepared to cite one of these numbers if you call to ask questions about the case.

The Prosecutors’ Role
City Prosecutors represent the interests of the State in the charges against the defendant. You have the right to discuss this case and a possible plea agreement with a prosecutor. When formulating a plea agreement, the prosecutor will take your input and concerns into consideration, along with the circumstances of the case, the law, and the policies of the Prosecutor’s Office.   To discuss your case with a prosecutor, you may appear at the defendant’s next scheduled court date and introduce yourself to the prosecutor in the courtroom as the victim in the cited case, or you may speak with a prosecutor by calling 791-4104 at least three working days prior to the defendant’s next scheduled court appearance.  Be prepared to repeat the docket number when you call.  It is your responsibility to make contact with the prosecutor and/or Victim Notification and Assistance to communicate your questions and concerns (791-5483).

Jail or Video Arraignment
If the defendant was arrested and taken to jail, the arraignment must occur with 24 hours of arrest. City Court has a television link with the Pima County jail and the arraignment is completed while the defendant is in jail.  Since the defendant is being held in jail, two matters are determined during this arraignment: (1) the conditions of the defendant’s release from jail and/or the amount of bail; and, (2) whether or not the prosecution will request a mandatory jail sentence. When a defendant has been jailed, you can call 547-8111 or 547-8211 to find out whether the defendant has posted bond and been released or remains in jail. You can also check the jail web site at www.pimasheriff.net.

If you want to be heard regarding possible conditions of the defendant’s release, or about any plea offer extended to the defendant, appear at the jail/video arraignment.  As soon as possible, identify yourself as the victim in the defendant’s case to the prosecutor (seated on the right side of the courtroom), and state that you would like to speak at the arraignment. You can also address the judge with your situation and concerns. If you want to be notified prior to the defendant’s release from custody, you must go in person to the Pima County jail and sign a form.  If the defendant contacts you after the arraignment and the judge has ordered “no contact,” call the police, prosecutor, or Victim Assistance. See below for more Arraignment information.

Arraignment
If the defendant was not arrested and taken to jail, s/he appears before a City Court judge at the time and date written on the complaint issued by a Tucson police officer. The defendant appears before the judge and is informed of the charges and his/her rights.  Then the judge requests the defendant’s plea to those charges. If it is the defendant’s first offense, the prosecutor may offer the defendant a reduced sentence for pleading guilty to the charge(s).

A defendant can plead:
(1) GUILTY When the defendant enters a plea of guilty in a case with a victim, a change of plea/restitution hearing is set for a future date, so that the victim can be notified to attend:
(2) NOT GUILTY. This results in a pretrial date set 3 to 6 weeks in the future; or,
(3) NO CONTEST. This indicates that the defendant is not contesting the charge, but is not necessarily admitting that s/he committed the offense.

You are not required to be present at the arraignment but you are encouraged to attend.  You have a right to be present and to talk to the judge about any plea offer extended to the defendant or about the sentencing imposed by the court.  If you are unable to attend, you may contact Victim Notification and Assistance at the Tucson City Prosecutor’s Office before the arraignment, and ask that your preference be noted in the defendant’s file. (791-5483).

Pretrial Hearing
This hearing is usually held 3 to 6 weeks after the arraignment to determine whether the case will proceed to trial.  The defendant will either accept a Change of Plea and proceed with sentencing at this time, or state his/her intention to proceed to trial.  If the case proceeds to trial, a pretrial statement is prepared listing the prosecution and defense witnesses and any exhibits that will be used at the trial. If the defendant declines the State’s plea offer, a future trial date will be set. Most criminal misdemeanors in Tucson City Court that proceed past pretrial result in a bench trial--a trial held before a judge.  If you are entitled to RESTITUTION and wish to make a claim, appear on this date with copies of your restitution information. As an alternative you may mail your restitution information to the City Prosecutor’s Office. The decision to grant your restitution request is up to the court.  If you mail your restitution information it must be received by the Prosecutor’s Office at least three working days prior to the scheduled pretrial.

Change of Plea
The defendant pleads guilty and gives up the right to a trial, usually with the prosecutor agreeing to charge the defendant with a lesser charge or a reduced sentence. If you are requesting restitution, you must appear at this hearing.

Bench Trial
You and other witnesses will be subpoenaed to testify before a judge who decides if there is enough evidence to prove that the defendant is guilty beyond a reasonable doubt.  The defendant may be present.  A victim advocate may accompany you to court if you make arrangements before the court date.

Restitution Hearing
If the defendant is found guilty and the victim has timely forwarded restitution information to the Prosecutor’s Office, the judge will set a hearing to determine the amount of restitution the defendant should pay.  Your presence is required at this hearing.  This hearing may be combined with a Pretrial, Change of Plea, or Sentencing hearing.

Restitution Lien
If the court orders the defendent to make restitution to you, you have the right to file a restitution lien pursuant to A.R.S. 13-806

Sentencing
At the sentencing hearing, you have the right to tell the judge what you think the defendant’s sentence ought to be.  To do this, contact the Prosecutor’s Office and have the defendant’s file pulled so you can talk with the “office prosecutor” at 791-4104, or a victim assistant at 791-5483.

Delays
There may be delays at every stage (and often are).  These delays are called continuances. Ask the office prosecutor or victim assistant what you should expect.  (791-4104 / 791-5483)

Legal Options for Victims of Non Domestic Violence Crimes

An Injunction Against Harassment
You may request that there be no physical contact between you and the defendant by completing and filing injunction papers. The injunction remains in effect for six months and may be renewed. (Call 791-4971). The defendant has the right to request a hearing to contest the injunction.  Tucson City Court charges a fee to file and serve the injunction. If you are unable to pay, you can request a waiver form. (Call 791-4971)  An injunction can be filed in addition to criminal charges. Link to City Court’s web site re How to file an order of protection.

Misdemeanor Compromise You may choose to enter an agreement with the defendant, or the defendant’s attorney, in which you recommend that the charges in which you are the victim be dismissed. This generally occurs after the defendant has reimbursed a victim for any economic loss, or because a victim does not wish to prosecute. A victim’s decision to enter a compromise is strictly voluntary. Link to form and instructions.

Important Phone Numbers and E-mail Addresses
Information and Referral - 881-1794. Connects people with helping agencies throughout Southern Arizona.  See also, www.azinfo.org

Arizona Attorney General's Office of Victim Services www.azag.gov/victims_rights/program.html

Tucson City Prosecutor’s Office - 791-4104.  Prosecutes misdemeanor cases in Tucson City Court.

Victim Notification & Assistance - 791-5483. Notifies victims of upcoming City Court appearance dates; explains victims’ rights; answers questions about court proceedings; accompanies victims to court by appointment.

Sentence Enforcement - 791-5066. Ensures that defendants fulfill the sentencing and restitution requirements of City Court.

City Court Probation - 791-2581 or Pima County Adult Probation - 740-3800. Provide information about the probationary status of defendants. See www.ci.tucson.az.us/courts for additional City Court information.

Crime Victim Compensation Program - 740-5525. Offers monetary assistance to those who qualify.

Pima County Jail - 547-8111/8211. Call for the status of a defendant taken to jail.  You can also check at their web site: www.pimasheriff.net.

Family Assistance, Dept. of Economic Security - 628-6810. Offers emergency welfare assistance to those who qualify.

Pima County Attorney’s Office - 740-5600. Prosecutes felony cases in Pima County Superior Court.

Pima County Victim-Witness - 740-5525.  Provides on-site crisis intervention and assistance 24-hours a day.  You may request Victim-Witness assistance from the police officers who respond to your call.

Women Helping Women - 884-7810. YWCA sponsored.

Lawyer’s Referral Service - 623-4625 or

Southern Arizona Legal Aid - 623-9461. Offers legal aid to victims with low incomes.

EMERGENCY - Police or Sheriff - 911

NON-EMERGENCY NUMBERS

Tucson Police Department     791-4452 /-4444

South Tucson Police Department     622-0655

Sheriff’s Department                         741-4600