Official Website of Lake Havasu City

Mission Statement

Victim Advocate Program To provide services related to assisting misdemeanor crime victims in understanding and participating in the criminal justice system, recovering restitution, providing a measure of safety and supplying the tools for healing.

Primary Functions

The Victim Advocate provides advocacy for misdemeanor crime victims that occur within Lake Havasu City. If you believe you are a victim of a misdemeanor crime being prosecuted by the City Prosecutor, and your address as listed on the police report is incorrect, or you have moved, or someone at the address might intercept your mail, please contact the office and let us know.

The Constitution of Arizona gives victims of crime specific rights; with these fundamental rights in mind, our program provides comprehensive services to victims and witnesses of crimes with a particular emphasis on serious crimes against persons such as harassment, stalking, assault, criminal domestic violence, and rape. These services include but are not limited to:

Explaining the judicial system and informing victims of their case status and progress
Acting as a liaison between the prosecutor and the victim
Assisting victims with requesting restitution
Assisting with applications for Victim Compensation for medical, counseling or funeral expenses incurred as a result of the criminal act
Assisting with Impact Statements, obtaining Orders of Protection or Injunctions Against Harassment
Providing accompaniment and/or transportation to court hearings
Providing referrals for social services

Under the general victim rights statutes (ARS 13-4401 et seq.), you have a right to be notified and participate in criminal proceedings (those held before the Court), provide an impact statement (comments on disposition, including recommended counseling or restitution), and confer with the prosecutor. These rights, however, do not mean that the victim can dictate the disposition of the case, whether charges should be dropped or filed, or terms of any plea agreement.

Since in most cases, the State must discuss plea agreements with a defendant as early as a pretrial conference, victims usually are notified of the conference date to allow time to either confer with the prosecutor or appear, if they wish. Although a pretrial conference is not technically a "criminal proceeding," since it is an informal meeting without the judge, any plea agreement that may be reached at the conference should have the input of the victim.

Victims' Constitutional Rights

A victim of crime has a right:

To be treated with fairness, respect and dignity, and to be free from intimidation, harassment or abuse, throughout the criminal justice process.
To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
To be present at and, upon request, to be informed of all criminal proceedings when the defendant has the right to be present.
To be heard at any proceeding such as bond review hearings, and negotiated plea and sentencing hearings.
To refuse an interview, deposition or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
To read presentence reports relating to the crime against the victim when they are available to the defendant.
To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
To be heard at any proceeding when any post-conviction release from confinement is being considered.
To leave work for any hearing or trial, without any penalties, if you are employed by a business with 50 or more employees.
To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victim's rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
To be informed of victim's constitutional rights.

Restitution

A victim of crime has the right:

ARS 13-603.C requires that the Court order restitution by the defendant to the victim "in the full amount of the economic loss." This is defined to include lost interest, lost earnings, and losses due to the commission of the offense, such as damages to a vehicle, household furnishings, or other private property. It does not, however, include damages for pain & suffering, punitive damages, or consequential damages (ARS 13-105.14). And it must be a loss incurred by a victim, not a third party. For instance, if a defendant is charged with assault and injures the victim, plus damages the hotel room, restitution is available to the victim, but not the hotel, unless there had been an additional charge of criminal damage.

If the Court determines that it does not have enough information to determine the amount of any restitution, it can order a hearing under ARS 13-804.G and call the defendant to testify. The victim should be present as well, with documentation of a loss, but the victim is not represented by the State. These hearings are most often used when there have been personal injuries, and at the initial disposition of the offense there is insufficient evidence of any long-term medical payment or loss of wages.

Victim Advocate Program
Contact: Mickel Valenzuela
2330 McCulloch Blvd. N. Lake Havasu City, AZ 86403
City Attorney Phone: (928) 453-4144
City Prosecutor Phone: (928) 854-4388