Legal Question in Criminal Law in Arizona

Can a plea agreement involving a direct act towards a victim in a case be signed between a prosecutor and a defendant without the victim having any knowledge about it? Doesn't the county prosecutor have to tell the victim or let the victim know about the plea at the same time it is offered to the defendant. In this case the victim wasn't even aware of the plea agreement until it was signed by the defendant and part of that plea directly involves the victim. Can they do this ? is so why does the defendant get the choice to agree or not to agree yet the victim doesn't???


Asked on 3/11/13, 6:18 am

1 Answer from Attorneys
Gerald Gavin The Law Office of Gerald Thomas Gavin

Generally in Arizona in a case involving an actual victim of a crime, prior to the plea being accepted by the Court, the Court will inquire of the prosecutor whether victims rights have been complied with. This entails seeking the victim's imput about the deal, and allowing the victim to make those feelings known to the Court. It does not require getting the victim's permission to do the deal. If the prosecutor has ignored the victim, the victim needs to make the Court aware of this prior to the deal being accepted if possible, but certainly before the sentencing date. This would be highly unusual. As a victim, you can seek your own lawyer to assist you if necessary. Gerald Gavin

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Answered on 3/11/13, 2:18 pm


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