Restitution
In State v. Linares, No. 1 CA-CR 15-0810 (1/01/17), the Arizona Court of Appeals reversed a restitution award because the court held the award was for a cost incurred in the investigation of the crime, and not a cost incurred as a direct result of the defendant’s criminal actions. In an Arizona criminal…
4/18/16 In Arizona crime victims have rights secured by both the Arizona constitution and state law. Those rights include the right to be represented by private counsel and to be heard and present evidence at a restitution hearing. In the 2015 case of Lindsay R. v. Cohen, 343 P.3d 435, a victim sought to…
2/8/16 The Arizona Court of Appeals has ruled that a Victims’ attorney cannot privately prosecute in a criminal case. In Lindsey v. Cohen a private attorney represented the victims. The victims’ private attorney tried to act as attorney for the victims at a restitution hearing within the criminal case. The Court of Appeals said that…