Your Rights As A Crime Victim
The following is taken from a brochure titled, "Your Rights
as a Crime Victim," available from the Victim Services section
of the Mesa Police Department. To receive a copy of this
brochure, please call (480) 644-4075.
Information For All Victims
The victims' rights mandates apply to felonies (serious
crimes) and to misdemeanors (less serious crimes) involving
A victm of crime has a right:
- To be treated with fairness, respect, and dignity, and
be free of intimidation, harassment, or abuse throughout the
criminal justice process.
- On request, to have any property taken
in evidence returned or to be given an explanation for any
refusal to return such property. Some or all of your
property held as evidence may be needed for court and
therefore, may not be able to be released at this time. For
further information concerning the release of your property,
please contact the primary investigator for your case.
- To have medical expenses, from securing evidence at the
direction of the County Attorney of a sexual assault or
dangerous crime against children, paid by the county where
the crime occurred.
- To be told if a prosecutor decides NOT to proceed with a
prosecution, to be given the reason, and, upon request, to
confer with the prosecutor before the decision not to
proceed is final.
- To choose someone to exercise your rights if you are
physically or emotionally unable to do so.
If you have additional information that could be helpful to
the investigation or, in the case of a theft, have discovered
additional items missing which you wish to add to your initial
report, please call (480) 644-2324 and ask to make a
supplemental report. Please refer to the original report number
you were given.
Copies of Reports
Police reports are public information and copies may be
released, provided the release will not jeopardize an
ongoing investigation. Copies sufficient for an insurance claim
are usually available 10 days after your request is made. You
may request a report:
- In person at the Records
Division of the Police Department, 130 North Robson; OR
- By mail -- Mesa Police Records, PO Box 1466, Mesa AZ
Availability to Records is 24 hours a day, 7 days
a week. Requests by mail must include a check or money order, as
well as the report number, date, time, and location of incident.
A Public Records Request form
must be submitted.
If you are considered a victim by victims' rights mandates,
there will be no cost for one copy of the report. If you are not
considered a victim by victims' rights mandate, you must include
a check or money order with your request. There is a $5.00 fee
for reports up to 50 pages and .20 cents per page thereafter.
Reports may be mailed or picked up.
Current Case Status
- Your INITIAL POLICE REPORT has been made.
You will be notified if an arrest is made or if you case is
submitted to a prosecutor for review and possible filing of
charges. Cooperative victims, witnesses, or corroborating
evidence is needed for successful prosecution. If, within
thirty days, you are not notified of an arrest in your case,
you may call the Mesa Police Department Metro Resources
Division at (480) 644-2002, Monday through Friday, 8 AM to 5
PM for the status of your case.
- This case involves an offender who has been
cited and released. The offender is to appear at
the Mesa City Court, 245 West 2nd Street, Mesa, Arizona on
the date and time indicated. If a citation is issued, the
accused may appear at any time prior to the date and time
shown. Additional information can be obtained by calling the
Mesa City Court at (480) 644-2255, Monday through Friday, 8
AM to 5 PM.
- This case is a felony and will be submitted to
the Maricopa County Attorney for review and possible filing
of charges. Please be patient as it is not on
common for the review process to take several months. For
further information contact the Maricopa County Attorney at
(602) 506-2452 or (602) 506-3411.
- This case is a felony and will be submitted to
the Mesa City Prosecutor for review and possible filing of
charges. For further information contact the
prosecutor's office at (480) 644-2188. Please be patient as
it is not uncommon for the review process to take several
months. Only misdemeanors involving physical injury, the
threat of physical injury, or a sexual offense are covered
by the victims' rights mandates.
- The suspect in your case was referred to
Juvenile Court but not detained. A Juvenile
Probation Officer should be assigned your case shortly and
will be a key person in determining the disposition of your
case. You can get the name of the Probation Officer by
calling the court at (602) 506-4500, but you will need to
provide the court with the suspect's name and date of birth,
which you should have been given.
Arrest-Related Victims Rights
After an arrest, a victim of a crime has a right:
- To be informed, upon request, when the
accused or convicted person is released from custody.
On felony charges the suspect will be released if
the Maricopa County Attorney's Office does not file charges
within two working days. You can all (602) 506-8522 to
ascertain if the person is still in jail.
- An attempt will be made to contact all the victims
if the accused or convicted person escapes.
- Upon request, to be given a copy of the
conditions of the defendant's release from custody.
- To ask the court to revoke bond or release if there have
been threats or harassment by or on behalf of the defendant.
- To be protected from unnecessary contact with the
defendant, defendant's immediate family, and defense
- To be heard or give your input to the judge
prior to the initial appearance when the defendant's terms
and conditions of release are to be decided. This
hearing must take place within 24 hours of an arrest so you
must act quickly. When making your comments, please show
your respect for the Court, identify yourself by name, and
state that you are the victim. Also identify the defendant
by name so the judge will know what case you are referring
to in your comments.
You may make your wishes known at the initial appearance
- This case involves a felony charge or a mixture
of felony and misdemeanor charges. Initial
appearances are conducted by the Maricopa County Superior
Court. These hearings are set for 4 AM, 10 AM, 3 PM and 11
PM, except on weekends and holidays when the 3 PM hearing is
moved to 2 PM. For information, call Victims' Rights
Notification Unit at (602) 506-8522 and they will let you
know who to make your wishes known about the defendant's
release. The case will be submitted to the Maricopa County
Attorney's Office (602-506-1802). The County Attorney must
file charges within two working days if court action is to
continue on the case.
- This case involves a misdemeanor charge(s)
only. Initial appearance will be in a Jail Court
that is held at the Mesa Municipal Court facility in the
Mesa Police Department, located at 130 North Robson, Mesa,
Arizona. Initial appearances are held at 9 AM and 1:30 PM,
Monday through Friday and at 7 AM Saturday, Sunday and
holidays. The arrestee will appear at the next scheduled
time following the arrest. If the arrestee is released on
bond prior to appearing in the Jail Court, the initial
appearance will be held at the Mesa Municipal Court, 245
West 2nd Street, Mesa, Arizona and you will be advised on
the date of this appearance. For further information contact
the Mesa City Prosecutor at (480) 644-2188.
- This case involves a juvenile who was detained
at Juvenile Court's Detention Screening Section.
Immediately call (602) 506-2676 or (602) 506-2677 to request
notice of the juvenile's release and the date, time and
place of the detention hearing and any charges to that
Once formal court action begins, victims have many more
rights under the Arizona Constitution, laws, and the Rules of
Criminal Procedure. These rights are designed to keep you
informed and an active participant in the court process, while
at the same time ensuring that you are treated in a fair and
safe manner. All victims are encouraged to invoke and use the
rights afforded them in Arizona.
Victims can expect to receive
more detailed information about these rights from the prosecutor
once the case gets to court. It is your responsibility
to keep the prosecutor informed of your current address if it is
different from what was reported to the police.
victims can receive a complete listing of victims' rights in
Arizona by contacting the Attorney General's Office at (602)
Victims have the right to have the court order the defendant
to pay restitution for your economic losses directly related to
the crime. Pain and suffering and punitive damages cannot be
considered for restitution purposes, but may be recovered
through a civil court. If you choose not to request restitution
in the criminal proceeding, you may still seek a civil recovery
for your financial losses. A juvenile's parent may also be
pursued civilly for restitution.
Please discuss your
restitution concerns with the prosecutor's office handling your
case. Your request and documentation must be received prior to
the defendant's sentencing. Restitution payments are collected
by the court and forwarded to the victim.
Victim Compensation provides financial assistance to crime
victims for certain out-of-pocket expenses that are related to a
crime. These include medical expenses, funeral costs, lost
wages, and mental health counseling. Unlike restitution, this
compensation is available whether or not the criminal is
identified and prosecuted.
You may be eligible for Victim Compensation if:
- the crime was reported within 72 hours;
- a claim is filed within two years of the crime's
- you willingly cooperate with the appropriate law
- the crime directly resulted in physical injury, extreme
mental distress or death;
- compensable loss was incurred as a direct result of the
- you are NOT serving a felony prison, probation or parole
For further information or to apply, please call Victim
Compensation at 602-506-4955.
Victims of domestic violence may seek an Order of Protection
from any court. Emergency orders, good until 5 PM the next
business day, can be obtained through a police officer. If you
are in the process of legal separation or dissolution of
marriage, you must apply to the Clerk of the Superior Court at
(602-506-2021 for an Order of Protection.
An Order of Protection can prohibit the abuser from
contacting the victim, committing further offenses, going to the
victim's residence (even if the abuser lived at this address),
going to the victim's work place, and will provide other relief
necessary for the victim's protection.
If the abuser possesses a firearm, an Order of Protection can
prohibit the abuser from possessing or purchasing a firearm; and
may order the abuser to transfer any firearms to the Police
Department. Victims of domestic violence where a firearm
has been seized must provide the Police Department with any
change of address or phone number to ensure you are notified of
the release of the firearm.
The person seeking an Order of Protection may request that
his/her address be kept confidential, and that filing and
service fees be waived if you cannot afford the cost. The court
decides whether to waive the fees; however, an agency serving
the Order of Protection MAY NOT require
pre-payment of service fees. You do not need an attorney to get
an Order of Protection.
Injunctions Against Harassment are similar to Orders of
Protection. They can be obtained when there is a relationship
not covered under the domestic violence law and when there is a
series of harassing acts.
If you need additional assistance or information about Orders
of Protection or Injunctions Against Harassment, please contact
any of the below listed courts.
Several local courts where you may obtain these
|Mesa City Court
||250 E 1st Avenue, Mesa
|East Mesa Justice Court
||4811 E Julep, Suite 128, Mesa
|West Mesa Justice Court
||2050 W University Drive, Mesa
|North Mesa Justice Court
||1837 S Mesa Drive, Suite A201
|South Mesa-Gilbert Justice
||1837 S Mesa Drive, Suite B103
|Maricopa County Superior Court
||222 E Javelina, Mesa
If your firearm was taken as part of a domestic
violence incident, it will be held for a minimum of 72 hours. It
may be held longer at the direction of the court. Firearms
available for release may be claimed by contacting the Mesa
Police Department Evidence Section at (480) 644-2334 to schedule
There are many resources available to help. Please call Mesa
Police Department Victim Services at 480-644-4075 or
480-644-2002 to speak with someone in Victim Services. You may
also call Community Information and Referral at 602-263-8856 for