I declined a defense interview with a defense attorney. It is to my understanding, that these can be done in lue of going to court. It was filed with the courts that I declined, even though I am ok with doing one.
If you are a victim, you have the right under Arizona law to refuse to be interviewed by the defense attorney. No, these interviews are not in lieu of testifying in court. If you are ok with providing an interview to the defense attorney you should tell the prosecutor that you are willing to do so.
My answers to questions do not constitute legal advice nor do any answers create an attorney-client relationship.
As a victim to can decline a defense interview, but you're still subject to being subpoenaed for trial and cross examined by the defense.
Please note, my answers to questions do NOT create an attorney/client relationship. Only after a written agreement is entered into between the parties is an attorney/client relationship created. Additionally, the responses posted here are done so on limited information and should not be fully relied upon without an in person consultation where the entire case is reviewed and discussed in detail.
Victims in Arizona have a constitutional right not to be interviewed by defense in preparation for trial. The interview is not instead of appearing in court. It is in addition to appearing in court. Sometimes it can help a case resolve without trial, but if a trial happens then you will still be subpoenaed.
You may also want to get word to the defense atty that you want to do the interview if you are trying to help the defendant (though the defense atty can't speak to you at that time). Sometimes, we hear that victim interviews were declined, when the situation wasn't properly explained. As I said though, the defense atty can't reach out to you in any way or respond directly.
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