Crime Victims - Non-Domestic Violence

If you have questions or concerns about a case in Tucson City Court in which you are a victim, call Victim Notification and Assistance at 791-5483.  Have the docket number and the defendant's name ready when you call. 

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 http://cms3.tucsonaz.gov/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 http://www.pimasheriff.org/

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.

Making an Impact Statement

You are informed that at any upcoming hearing, pretrial, review, trial or sentencing, the defendant may accept a plea which results in a conviction.  The defendant could also plead guilty to the Judge at the pretrial hearing which also results in a conviction.  If there is a trial and the Court finds the defendant guilty, that will also result in a conviction.  You have the right to be notified, be present and to be heard at any presentencing or sentencing proceeding that results in a conviction.  You also have the right to make an impact statement prior to the imposition of the sentence.  An impact statement may contain an explanation of: 1) the nature and extent of any physical, psychological, or emotional harm or trauma you suffered; 2) the extent of any economic loss or property damage you suffered; 3) your opinion on the need for restitution if any; 4) if you’ve applied for or received any compensation for loss or damage.  If the matter is set for a pretrial, you do not have to be personally present but you have the right to be present.  If you cannot appear, you may furnish the impact statement to City Prosecutor's Office 7 calendar days prior to the next pretrial or sentencing hearing.  However, if Defendant has requested a trial and you are subpoenaed, you must be personally present.  If you have a written impact statement and there is a trial set, please furnish it to the Victim Assistance Unit prior to the trial or bring it with you to Court. If the case in which you are the listed victim is dismissed as part of a change of plea proceeding, you still are able to exercise the enumerated rights.  Additionally if the Court orders restitution made to you, you have the right to file a restitution lien pursuant to A.R.S. § 13-806.

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, http://www.ourfamilyservices.org/

Arizona Attorney General's Office of Victim Services

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.

City Court Probation
791-2581 or Pima County Adult Probation - 740-3800.
Provide information about the probationary status of defendants.

for additional City Court information
http://cms3.tucsonaz.gov/courts

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: http://www.pimasheriff.org

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