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8-389 Preliminary notice of rights

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The state bar of arizona
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A. If the victim has requested notice and if the accused is in custody at the time of charging, or seven days after the prosecutor charges a delinquent offense if the accused is not in custody, the prosecutor’s office shall give the victim notice of the following:

1. All of the victim’s rights through disposition under the victims’ bill of rights, article II, section 2.1, Constitution of Arizona, this article and court rules.

2. The charge or charges against the accused and a clear and concise statement of the procedural steps involved in a delinquency prosecution.

3. The procedures a victim shall follow to invoke the victim’s right to confer with the prosecuting attorney pursuant to section 8-399.

4. The person within the prosecutor’s office to contact for more information.

B. Notwithstanding subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor, before the decision not to proceed is final, shall notify the victim and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of the victim’s right on request to confer with the prosecutor before the decision not to proceed is final.

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