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Once the law enforcement investigation is complete and they submit the report to the Navajo County Attorney’s office you will receive a letter from the Victim Services Division advising you of your legal rights. Victims have the right to privileged (confidential) communication with their victim advocate. Your victim advocate will act as a liaison between you and the prosecutor and will assist you by providing criminal justice information and other services to ensure that your rights as a crime victim are protected and enforced. To speak with a victim advocate about your case, you can call the Navajo County Attorney's Office for assistance.
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Many people incorrectly believe that a victim has the power to "press charges" or "drop the charges" against the defendant. While you may be the victim, all crimes are considered to be offenses against the State. Therefore, the Navajo County Attorney's Office prosecutes criminal complaints on behalf of the State of Arizona. Only the attorney prosecuting the case can decide to file or dismiss charges, although the victim's opinion is always considered in reaching a decision.
A variety of factors are taken into account when deciding whether to honor a victim's request not to proceed with prosecuting a case. These factors include, but are not limited to, the nature and extent of the defendant's criminal history, the severity of the alleged crime, whether the defendant has other pending charges in the criminal justice system, and the possible future danger to the community.
Article 2, Section 2.1 of the Arizona Constitution specifies the rights of crime victims. One of the key goals of our Victim Services staff is to ensure that your rights as a victim are fully understood, protected, and enforced.
Our Victim Services staff is trained to assist you in finding all types of victim services, including counseling. They are also trained to provide emotional support. Please give them a call and let them help.
The Navajo County Attorney's Office cannot give legal advice on private legal issues. However, there is a free legal clinic available to those who qualify. For more information contact White Mountain Legal Aid at 928-537-8383 or 800-658-7958. Also remember that our Victim Services exists to assist you. Even though they can't give legal advice, they may be able to help steer you in the right direction.
Orders of protection and injunctions of harassment can be issued by a justice of the peace, municipal or superior court judge. Again, our Victim Services staff is available to assist you.