Arizona’s Victim Contact Law Revived: How It Impacts Defense & Your Rights
In January 2025, Arizona criminal law shifted significantly when the Ninth Circuit Court of Appeals reinstated the state’s Victim Contact statute. This decision reversed a prior injunction and once again limits how defense attorneys and their teams may communicate with crime victims and their families. By reviving Arizona Revised Statutes §13-4433(B), the court has created new procedural hurdles for defense work and raised important questions about constitutional rights, investigation strategies, and the balance between victim protections and a defendant’s ability to prepare a full defense. Janet Altschuler explores what this means for your rights.
What the Law Requires
The statute prohibits defense attorneys and their representatives from initiating direct contact with crime victims. Instead, any request for communication must first pass through the prosecutor’s office. Prosecutors notify victims of the request and coordinate or deny the contact. While victims have always had the right to refuse interviews, the key change is that defense teams can no longer reach out to victims on their own. A federal district court had previously blocked this law on First Amendment grounds, but the Ninth Circuit ruled that the plaintiffs failed to show the statute was unconstitutionally broad, allowing it to take effect once again.
Effects on Criminal Defense Strategy
For defense attorneys, the revived law changes how investigations and negotiations unfold. Every attempt to speak with a victim must now include an extra layer of communication with prosecutors, which can delay the exchange of information and give the state more control over timing. The distinction between formal interviews and informal conversations is also critical. The law applies not only to interviews aimed at gathering evidence but also to non-interview communication, such as updating victims on court dates or expressing sympathy. The Ninth Circuit acknowledged these concerns but determined that most applications of the statute remain legitimate.
Constitutional Questions
Although the Ninth Circuit reinstated the statute, it did not rule definitively on whether the law is constitutional in all situations. The court focused instead on the lack of evidence that the statute’s unconstitutional uses outweighed its valid applications. This means future challenges are possible, especially if a case arises where the law clearly interferes with protected speech. Defense teams must therefore remain alert to opportunities to challenge the statute when it unjustly limits communication or hinders the preparation of a defense.
Understanding Your Rights
Even with these new restrictions, defendants and their attorneys retain important rights. Victims must still be informed of any request for contact and have the choice to agree or decline. Defense attorneys may still request communication as long as they follow the mandated procedure through the prosecutor’s office. The law regulates the method of contact but does not prohibit all communication outright. If a victim reaches out first, different rules may apply, but counsel should always guide any response to avoid unintended violations.
Practical Implications for Defendants
The reinstatement of this statute has practical consequences for anyone facing criminal charges in Arizona. Investigators must allow additional time to route requests through the prosecutor’s office. Messages to victims must be carefully crafted, with the understanding that prosecutors will see them before the victim does. Defense teams must also keep detailed records of all requests to demonstrate compliance. If prosecutors improperly refuse to forward a legitimate request, defense attorneys may need to bring the matter before a judge. These additional steps require careful planning and can influence the pace and strategy of a defense case.
Importance of Victim Communication
Communication with victims can play a crucial role in many criminal cases. Interviews may uncover evidence that supports the defense or clarify misunderstandings. In other situations, respectful communication can help reduce conflict and potentially influence plea negotiations or sentencing outcomes. By creating barriers to such contact, the revived law may affect how quickly or effectively a defense team can gather important information. Understanding these implications helps defendants appreciate why experienced legal representation is essential.
Navigating Arizona’s complex criminal laws demands an attorney who stays current with every legal development. Janet Altschuler brings decades of criminal defense experience in Tucson and throughout Arizona. Contact her for a confidential consultation so she can explain how the statute applies to your situation, develop a defense strategy that respects the law’s requirements, and fight to preserve your rights at every stage of the process.