Frequently Asked Questions

What are my rights?

As a victim of a Crime, you have certain rights. Victims' Bill of Rights

How does a crime get charged?

You must first call the police to make a report. Once the police are called, the police may issue a charge at the scene by giving the Defendant an ATTC (Arizona Traffic Ticket and Citation) or send the report to a detective to conduct follow up work and then submit to the prosecuting agency. If the case is a misdemeanor, it is sent to the City of Phoenix Prosecutor's Office. If it is a felony, the case is sent to the Maricopa County Attorney's Office. Once the case is sent to a prosecuting agency, an attorney will review the report and decide to charge the case, decline the case, or send it back to the detective for further investigation.

How will I know what happened?

Once a decision is made about the case, you will receive a letter from the appropriate agency, explaining the decision. This could take several weeks. If you haven't heard anything in that time period, you can call the police department at 602-262-6141. It will help if you have the police report number.

What if my case wasn't charged?

You will receive a letter informing you that the case was not charged. You have the right to speak to a prosecutor about the reasons why the case was not charged. To do so, call 602-262-6461.

How do I obtain a police report?

If you are a victim of a crime in the City of Phoenix, you may call Crime Stop at the Phoenix Police Department at 602-262-6151 and ask for a copy of the report. You may also request a copy from your victim advocate by calling 602-261-8192.

Do I have to attend any of the court hearings?

It is your right as a victim to be notified of all court hearings and attend if you wish. You need only to be present for those hearings for which you receive a subpoena. If you receive a subpoena, make sure you follow the instructions carefully.

How long will it take?

The length of time you are needed depends on the reason you are attending. If you are coming to court for:

• A pretrial disposition conference - approximately 1 to 1 1/2 hours
• A non-jury trial - typically 1 to 2 hours
• A jury trial - typically 3 to 5 hours
• A restitution hearing - approximately 1 hour

How should I dress for court?

Your appearance is important. You should come dressed as you would for a job interview (business casual), a dinner at a nice restaurant, or a special event. You should not wear tank tops, shorts, or t-shirts with rude or offensive language.

Where do I go?

The Phoenix Municipal Courthouse is located in downtown Phoenix at 300 West Washington Street. The following link will provide you with a Map of Downtown Phoenix.

What is diversion?

Diversion is offered to offenders who meet a specific criteria. Those who are eligible will have the option of completing a counseling program designed to prevent the defendant from committing this type of crime in the future. Upon successful completion of the program, the charges will be dismissed. Upon request of the victim, the views of the victim shall be considered in determining diversion eligibility.

Who qualifies for diversion?

The prosecutor determines at the time of prosecution whether a defendant is eligible to attend diversion. Factors that may influence the decision include:

• Whether this is the first time charges are brought.
• Whether a previous case has been dismissed through diversion.
• Whether the victim is under the age of 15.
• The severity of the offense.

You may learn additional information about diversion by speaking with a victim advocate at 602-261-8192.

What happens if the defendant fails to complete diversion?

If the defendant fails to complete diversion, the court will find the defendant guilty. The judge will then impose the sentence that was agreed to on the diversion plea agreement.

When do I speak with a prosecutor?

While all cases are reviewed by a prosecutor prior to trial, the prosecutor generally interviews witnesses on the day of trial. Please plan to arrive at least 15 minutes early to speak with the prosecutor. If you would like a conference with a prosecutor prior to the day of trial, call 602-262-6461 and ask to speak with a prosecutor. The receptionist will need the defendant's name and case number. Due to court appearances and other duties, a prosecutor may not be immediately available for a conference, but will promptly return your call.

What happens if the defendant fails to appear for a court appearance?

The court will issue a warrant for the defendant's arrest. If you know the whereabouts of the defendant, you may call Crime Stop at the Police Department at 602-262-6151.

Why is this case taking so long?

As a victim, you have the right to a speedy disposition and prompt case resolution. This right must be balanced with the defendant's constitutional right to prepare a defense. Discovery must be exchanged, expert witnesses interviewed, pretrial motions drafted, and trial dates scheduled around conflicting calendars. All can cause delays. The average case takes 6 months to resolve. Our Office makes every effort to resolve cases as efficiently as possible, without jeopardizing any party's rights.

What if my employer won't let me off of work?

You have received a subpoena which is an order from the court requiring your appearance. By law, your employer can not prevent you from attending court (A.R.S. § 13-4439). Show the subpoena to your employer with the date and time you are needed.

• If attending would cause an extreme hardship, for example, you have to go to a business meeting out of town, contact the Prosecutor's Office at 602-262-6461 as soon as possible so that a prosecutor can ask for a trial continuance.

What happens if I don't get my restitution as ordered?

A restitution award can be turned into a lien against the defendant's property by the court if the defendant fails to pay restitution. You may want to contact an attorney to assist you in filing the necessary documents. You may call the court to learn of the amount of restitution awarded and the payment schedule at 602-534-1080 or 602-534-2479.