When You Are The Victim
A.R.S. 13-4433 — a victim may refuse an interview by the defense, and A.R.S. 13-4426 — the victim's voice at sentencing
No interview without consent. Unless the victim consents, the victim is not compelled to submit to an interview by the defendant, the defendant's attorney or an agent of the defendant. The defense initiates contact with the victim only through the prosecutor's office, which promptly tells the victim of the request and of the right to refuse it.
If the victim agrees. The victim selects the time and place and may set other conditions, may end the interview at any time, and may refuse to answer any question. Unless the victim directs otherwise, the prosecutor may attend. If the defense comments at trial on a refusal, the court instructs the jury that the victim has the right to refuse an interview.
After the case ends. Except after a dismissal with prejudice or an acquittal, the right to refuse an interview, a deposition or other discovery by the defense remains enforceable beyond the final disposition of the charges.
At sentencing. The victim may present evidence, information and opinions about the offense, the defendant, the sentence or the need for restitution at any aggravation, mitigation, presentencing or sentencing proceeding, and at any disposition proceeding has the right to be present and to address the court.
The Arizona Constitution sets out victims' rights of its own, which this page does not read. Several of these rights apply only on request, or only to the offenses the section names. How they apply in a particular case is a question for a licensed Arizona attorney.
Sources for this section (2)
- A.R.S. 13-4426 — Victim’s rights at sentencing
- A.R.S. 13-4433 — Victim’s right to refuse an interview; applicability
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.