The Arizona Court of Appeals has ruled that a Victims’ attorney cannot privately prosecute in a criminal case.


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 only the County Attorney may act as the attorney at the restitution hearing.  To permit a private attorney to present evidence would be to turn a criminal proceeding into a civil personal injury case, and criminal cases are not designed to be civil personal injury cases.

http://caselaw.findlaw.com/az-court-of-appeals/1689839.html

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