(Applies to criminal cases only)
FELONY AND MISDEMEANOR CASES
In Arizona, victim compensation is funded by fees paid by convicted felons. The state, through local boards, disburses compensation to eligible victims of crime.
The Victim Compensation Bureau provides financial compensation to victims of violent crimes in Maricopa County for medical expenses, counseling costs, funeral costs, and lost wages directly resulting from a crime that are not covered by any other collateral resources.
You may be eligible for compensation if:
- The crime was reported within 72 hours of discovery
- A claim is filed within two years of the crime's discovery
- You willingly cooperate with law enforcement agencies
- The crime directly resulted in physical injury, extreme mental distress or death
- You are not serving a felony prison, probation, or parole sentence
Property loss, pain and suffering, and legal costs are not compensable.
For more information, contact the Victim Compensation Bureau at 602-506-4955.
WHAT ABOUT RESTITUTION? (Applies to criminal cases only)
Restitution is an order by the court for the offender to reimburse a victim for out-of-pocket expenses directly related to the crime.
Restitution is ordered at the time of sentencing and may include amounts for lost property, medical, funeral, counseling costs, and lost wages. Restitution cannot be ordered for pain and suffering. If a jail or prison term is ordered, the adult offender will begin paying restitution upon release. The Judge will order the defendant to pay restitution in a monthly sum to the Clerk of the Court. The Clerk of the Court is responsible for disseminating checks to all of the victims or agencies (e.g. insurance companies) that suffered out-of-pocket expenses as a result of the crime.
MISDEMEANOR CASES
If criminal charges are filed and if the defendant is convicted, the injured person or in the case of a fatality, the decedent's spouse, parent, child, or other lawful representative may be eligible for restitution (repayment for expenses incurred as a direct result of being a crime victim). This may include lost wages, property damage, mental health counseling, and other uninsured expenses. A judge will determine whether restitution is to be paid and, if so, how much.
If you want to request restitution, you must provide the following information and send it to the Phoenix City Prosecutor's Office (Attn: Victims Services Unit, 300 W. Washington Street, Phoenix, Arizona, 85030, 602-261-8192) within 10 days.
You will need to provide the following information to the Victims' Services Unit:
- Victim Information (name, address, city, state, zip, daytime telephone number, message number)
- Report number (also called the DR number)
- Citation number
- Suspect's (Defendant's) name
- List of costs incurred sorted into the following categories:
- Property damage, vehicle damage, medical bills, funeral expenses, lost wages, other amount paid by insurance and the insurance deductible amount
Please attach copies of any receipts or bills (or, if damage has not been repaired, enclose two repair estimates) as proof of your claim.
If you do not return your request for restitution, the court may assume you did not incur any expenses or do not want restitution. You may also fax your restitution information to the Victim Services Unit at 602-534-4540.
You will receive a confirmation letter from the Phoenix Prosecutor's Office when your restitution information is received.
Pain and suffering and punitive damages are not recoverable through the City of Phoenix Municipal Court and must be recovered in a civil suit. Failure to seek or recover restitution in Municipal Court does not stop you from seeking civil damages in the appropriate civil court.
Any restitution awarded by a judge will be paid to the court and then forwarded to you. You will be contacted by the court if you are awarded restitution.
FELONY CASES
If you want to ensure restitution is ordered, it will be important to keep receipts of your expenses. When you are contacted by the pre-sentence investigator, inform him/her of your losses and mail the pre-sentence investigator copies of your receipts. The pre-sentence investigator will then include a recommendation for restitution in his/her report to the Judge at the time of sentencing.
If you have any questions regarding restitution (felony cases), please contact the Victim Witness Advocate assigned to your case at 602-506-8526.
CHECK LIST
If your loved one has been killed in a traffic collision, in addition to funeral arrangements there are many decisions you will need to make and/or many items you may need to address during this difficult time. The following check list provides examples of some of these items. The list is not intended to be all-inclusive; rather it is designed to give you some ideas about the details that may require your attention in the upcoming days and weeks.
Certified Death Certificates will be required to receive any benefits and/or funds from trusts, annuities, insurance, social security, property transfers, bank accounts, et cetera. Certified death certificates are usually less expensive and easier to obtain from the mortuary when the funeral arrangements are made. It is suggested you order at least 10 copies initially and you contact the mortuary if more copies are needed.
Notify:
- Banks, trusts, et cetera - change name on account
- Employer - check for any death benefits and/or life insurance policies
- Credit unions - check for any benefits
- Providers of any benefits paid regularly to the decedent when alive (i.e., pension benefits, social security benefits, et cetera)
Check on:
- Life and/or Accident insurance - any benefits and/or unused premiums?
- Profit sharing plans or 401K program benefits
- Automobile insurance - any benefits and/or unused premiums?
- Veterans' Administration benefits (if decedent was a veteran)
- Benefits from Social Security Administration for spouse and minor children (1-800-722-1213)
- Collect any debts owed to the Deceased
- Review your present financial situation
If needed, seek emergency aid from the Department of Economic Security, food stamps at 602-542-9935 or online at www.azdes.gov/
Arizona Health Care Cost Containment System, AHCCS, 602-542-9935 or 602-417-4000 or online at www.azahcccs.gov/
- Keep an up to date accounting of cash income and expenses
- Obtain hospital and medical statements as soon as possible
- Pay all bills and taxes owed as soon as possible (funeral, income tax, real estate, home mortgage, hospital, et cetera)
- Check to see if Credit Life Insurance was carried on any debts. These accounts can be closed.
- File the Will with Probate Court within 30 days, if necessary. The Legal Aid Society (Community Legal Services 602-258-3434) or a lawyer can advise you on this.
- If the deceased lived alone, the following must be considered: pets, newspapers, mail, phone, utilities, et cetera.
ARIZONA CRIME VICTIMS' RIGHTS
Automatic Rights
To be advised of all victims' rights and how to assert them.
To information on the availability of crisis intervention, medical and emergency service, information on victim assistance programs and domestic violence resources.
To be advised of the date, time, and location of the initial appearance of the suspect arrested or cited.
To be provided with the police report number, if available, and if the case has been submitted to a prosecutor's office, information on how to contact that office.
To be notified if the prosecutors office declines to file charges, and notice of what charges are being filed.
To have your home address, employer's name and address withheld from the defendant and his representative.
To refuse to interview with the defendant and anyone working on the defendant's behalf. This also applies to the parent or legal guardian if a minor who exercises victims' rights on behalf if the minor child.
To be present at any court proceedings at which the defendant has the right to be present.
To name an appropriate support person, who is not a witness to accompany you to any interview, deposition, or court proceedings.
To have the court provide appropriate safeguards to minimize contact between you and the defendant.
To be heard at any proceedings concerning the release of the accused person, a plea agreement, and the sentencing. (with some limitations if the defendant is facing the death penalty)
To speak with the pre-sentence investigator be the sentencing, to give a sentencing recommendation, and to read the pre-sentence report when it is available to the defendant.
To have the court order restitution and to receive that restitution
To leave work (if eligible) at attend scheduled legal proceedings, or obtain and order of protection or injunction against harassment. (in accordance with A.R.S. 13-4439)
RIGHTS YOU HAVE TO REQUEST
To confer with the prosecutor about the decision not to proceed with a prosecution, dismissal of the charges, pretrial diversion programs, any plea or sentencing negotiations, and at any hearing regarding the release of the defendant. You also have the right to confer with the prosecutor prior to trial. (these rights do not include the authority to direct the prosecution of the case)
To request the prosecutor assert any right which you are entitled.
To receive a free copy of the police report and/or court transcripts. (in accordance with A.R.S 39-127)
To receive a free copy of the conditions of the suspects release from custody.
To be given notice of the release on bond of the suspect.
To receive notice of all court proceedings at which the defendant has a right to be present.
To the return of all the personal property taken during the course of the investigation, and if the property cannot be returned, be advised of the reason.
To be advised of the sentence imposed on the defendant.
To be given notice of any post-conviction release or appeals proceedings.
To be given notice of any hearing in which release from prison is being considered, the right to be present and heard at that hearing, and to be advised of the result.
To be advised of the earliest possible release date of a prisoner sentenced to the Department of Corrections (if the sentence exceeds six months), and notice before the release of the prisoner or, if the prisoner has died, notice of the death.
To receive notice of any probation revocation disposition or probation termination proceeding. You also have the right to be notified if any modification of probation which will substantially affect your safety or the probationer's contact with you, or which will affect restitution or the probationer's incarceration status.
To be notified, upon request, of the escape and re-arrest of the accused or convicted person. (this includes a person placed by the court order in a mental health treatment agency)
If there is any conflict of interest or disagreement between you and the prosecutor, you have the right to:
Be directed to the appropriate legal assistance and
Be represented by your own attorney at your own expense