The suspect was booked into jail on a domestic violence offense. Now what happens? Within 24 hours of the booking, the defendant will appear before a jail court judge. The judge will arraign the defendant on the charge(s). At that time, the defendant will be informed of the charges and enter a plea of guilty or not guilty. The judge may also impose conditions on the defendant’s release. This could include posting a bond, forfeiting weapons, a no contact order, or simply promising to appear at the next court date. As the victim, you have the right to be present and heard about the release conditions. The jail staff should notify you of the time of the arraignment. If you have questions, you can contact the jail at 602-876-5484.
	It is important to understand the defendant may be released after arraignment. If you feel you may be in danger upon that person’s release, we encourage you to convey that information to the jail court judge. Above all, you should take necessary steps to ensure your safety.
	What happens after the arraignment? A pretrial disposition conference (PDC) will be set approximately 2-4 weeks from arraignment. The PDC will take place at the Phoenix Municipal Court. You have already received a pamphlet “Your Rights as a Crime Victim" from the police department that contains victim’s rights information for you to review.
	What if my case isn't charged? You will receive a letter informing you that the case was not charged. You have the right to speak to a prosecutor about the reasons why the case was not charged. To do so, call 602-262-6461.
	What is a pretrial disposition conference? A pretrial conference is a time for the defendant to talk to the prosecutor. Discovery materials are exchanged and a plea offer is extended. The defendant may be represented by an attorney or may proceed pro per, without an attorney. The defendant may: enroll in diversion, if eligible enter into a written plea agreement continue to plead not guilty and set the case to trial plead guilty and let the judge determine the sentence continue the pretrial disposition conference to retain an attorney or conduct discovery As a victim, you have the right to be present at the pre-trial disposition conference and the right to be heard at the sentencing, should the defendant plead guilty.
	What is diversion? Diversion is offered to offenders who meet a specific criteria. Those eligible will have the option of completing a counseling program designed to prevent the defendant from committing this type of crime in the future. Upon successful completion of the program, the charges will be dismissed. Upon request of the victim, the views of the victim shall be considered in determining diversion eligibility.
	Who qualifies for diversion? The prosecutor determines at the time of prosecution whether a defendant is eligible to attend diversion. Factors that may influence the decision include: Whether this is the first time charges are brought for a domestic violence offense Whether a previous case has been dismissed through diversion Whether the victim is under the age of 15 The severity of the offense You may learn additional information about diversion by speaking with a victim advocate at 602-261-8192.
	What happens if the defendant fails to complete diversion?
	If the defendant fails to complete diversion, the court will find the defendant guilty. The judge will then impose the sentence that was agreed to on the diversion plea agreement.
	What happens if the defendant fails to appear for a court appearance? The court will issue a warrant for the defendant's arrest. If you know the whereabouts of the defendant, you may call Crime Stop at the Police Department at 602-262-6151.
	Is there anyone who can help me through this process? Victim Advocates are here to serve the needs of victims of domestic violence crimes that occur in the city of Phoenix. In October 1986, the Prosecutor’s Office established the Victim Services program to provide crime victims and witnesses with a communications link to the criminal justice system. To have an advocate assist you, call 602-261-8192.
	What can an advocate do for me?
	An advocate can: Explain the judicial system Act as a link between prosecutors and victims Advise as to the current status of the case Make referrals for counseling, shelter, food, etc. Answer questions regarding the pretrial, trial, sentencing and appeal process Escort victims while they testify Assist in obtaining Orders of Protection or Injunctions Against Harassment Provide a safe, private area where victims can wait before and after testifying Arrange child care for victims while they testify
	Will the advocate tell others what I tell them? As a victim, you have the right to keep most of your written and oral communications with an advocate confidential. This means that anything you say or send to an advocate, with the exception of a Victim Impact Statement or restitution, cannot generally be shared with anyone without your consent.
	Why was I subpoenaed? A prosecutor evaluates each case and sends a subpoena to witnesses that are needed to testify during trial. The testimony of a crime victim is critical to any case. Without your presence, the case may not be able to proceed. The date and trial location (courtroom number) will be printed on each subpoena as well as a phone number. It is important to call the listed phone number the day before trial to make sure the trial has not been reset to another date. You may request to have an advocate accompany you to court. To arrange for an escort, call 602-261-8102 and ask to speak to your assigned advocate.
	When will I talk to a prosecutor?
	While all cases are reviewed by a prosecutor prior to trial, the prosecutor generally interviews witnesses on the day of trial. Please plan to arrive at least 15 minutes early to speak with the prosecutor. If you would like a conference with a prosecutor prior to the day of trial, call 602-262-6461 and ask to speak with a prosecutor. The receptionist will need the defendant's name and case number as listed on the subpoena. Due to court appearances and other duties, a prosecutor may not be immediately available for a conference, but will promptly return your call.
	You may also request to speak to a prosecutor through your advocate by calling 602-261-8192.
	How should I dress for court? Your appearance is important. You should come dressed as you would for a job interview (business casual), a dinner at a nice restaurant, or a special event. You should not wear tank tops, shorts, or t-shirts with rude or offensive language.
	Where do I go? The Phoenix Municipal Courthouse is located in downtown Phoenix at 300 West Washington. The following link will provide you with a Map of Downtown Phoenix.
	Where can I park? There is a parking garage directly south of the Phoenix Municipal Courthouse at 305 West Washington. The entrance to the parking garage is off of 4th Avenue. The following link will provide you with a downtown area parking map. Remember to bring your parking ticket with you; we can validate victim's parking garage tickets so you will not have to pay. Witnesses can stamp their parking garage tickets at the information desk in the main lobby for a reduced parking rate.
	Can I take the bus to the courthouse? A bus stop is located outside of the Phoenix Municipal Courthouse. The following link provides the most current bus schedules: Valley Metro Public Transit Service. If transportation is a problem, please contact an advocate at 602-261-8192 for assistance.
	How long will it take? The length of time you are needed depends on the reason you are attending. If you are coming to court for: A pretrial disposition conference - approximately 1-1 1/2 hours A non-jury trial - typically 1-2 hours A restitution hearing - approximately 1 hour The prosecutor will release you as soon as possible. As a victim, however, you have the right to remain through the entire proceeding.
	Should I bring anything? If you are requesting restitution, you need to bring a copy of receipts for any expenses you incurred as a result of the defendant's actions. If you are asking for compensation for lost wages due to time away from work or to attend court, you need to bring documentation of your wages/salary and time away from work. For additional information visit the restitution page. If you have already submitted copies of the restitution to Victim Services, you do not need to resubmit receipts, unless you have additional restitution requests. Call your advocate at 602-261-8192 if you have any questions regarding restitution.
	Where do I go once inside the courthouse? When you enter the courthouse you will go through security, similar to the airport, and into the lobby. If busy, security can take up to 10 minutes. Do not bring any weapons or sharp objects-including pocket knives or pepper sprays. The elevators in the lobby will take you to your courtroom. 5th Floor: Courtrooms 501 - 508 6th Floor: Courtrooms 601 - 608 7th Floor: Courtrooms 701 - 708 8th Floor: Prosecutor's Office There is an information booth in the lobby offering additional help.
	Why is this case taking so long? As a victim, you have the right to a speedy disposition and prompt case resolution. This right must be balanced with the defendant's constitutional right to prepare a defense. Discovery must be exchanged, expert witnesses interviewed, pretrial motions drafted, and trial dates scheduled around conflicting calendars. All can cause delays. The average case takes 6 months to resolve. Our Office makes every effort to resolve cases as efficiently as possible, without jeopardizing any party's rights.
	What should I expect when I testify?
	Above all, you must tell the truth. The prosecutor will ask you a series of questions. Listen closely and give an honest answer. If you don't know, it's appropriate to say "I don't know." If you don't remember, simply say "I don't remember." After the prosecutor asks questions, the defendant or the defense attorney will ask questions. Again, listen to the questions and give an honest answer. Court rules will prevent defense attorneys from yelling or badgering you. The prosecutor can follow up with additional questions, after the defense, to allow you the opportunity to further explain or clarify.
	What if my employer won't let me off of work? You have received a subpoena which is an order from the court requiring your appearance. By law, your employer can not prevent you from attending court (A.R.S. §13-4439). Show the subpoena to your employer with the date and time you are needed. If attending would cause an extreme hardship, for example, you have to go to a business meeting out of town, contact the Prosecutor's Office at 602-256-3522 as soon as possible so that a prosecutor can ask for a trial continuance.
	Why do I need to come to court? I told the officer what I saw? You are needed. A prosecutor has reviewed the case and determined that we cannot proceed to trial without you. Officers can only testify to what they actually saw. They cannot testify as to what any other person saw. For that reason, the prosecutor needs you to explain what happened, what you saw, or to identify the defendant as the person that committed a crime.
	If the case goes to trial, do I have to see the defendant?
	The defendant has a constitutional right to be present during trial and to ask questions of any person that testifies against him/her. Court rules will prevent the defendant or the defense attorney from yelling or badgering you. An officer will be present at all times in the courtroom.
	An advocate can accompany you to court and stay with you during the trial. To have an advocate assist you, call 602-261-8192.
	Will the defendant go to jail if convicted? If convicted, the prosecutor will make a sentencing recommendation to the court that may include jail time. Ultimately, the judge decides what sentence to impose after listening to the prosecutor and the defense. As the victim, you also have the right to be heard at sentencing. You may tell the judge what you think is an appropriate sentence. This may include: Jail Probation Anger management classes Order restitution If you do not feel comfortable making the recommendation, you may ask the prosecutor to do it for you or submit a written victim impact statement that the judge will review before imposing a sentence.
	What if I don’t want to make a sentencing recommendation? You do not have to make a sentencing recommendation to the court.
	What if the case was dismissed?
	You will receive a letter informing you that the case was dismissed. You have the right to discuss the dismissal with a prosecutor. Occasionally, cases are dismissed for review for felony prosecution by the Maricopa County Attorney’s Office. The Maricopa County Attorney’s Office will notify you if and when charge(s) are filed.
	What happens if I don't get my restitution as ordered? A restitution award can be turned into a lien against the defendant's property by the Court if the defendant fails to pay restitution. You may want to contact an attorney to assist you in filing the necessary documents. You may call the court to learn of the amount of restitution awarded and the payment schedule at 602-534-1080 or 602-534-2479. You may qualify to receive reimbursement from the Victim Compensation Program. Call your advocate at 602-261-8192 for more information about the program.

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Last Modified on 12/22/2006 10:05:00