Statutes | Law and Order Code of the Fort McDowell Yavapai Community, Arizona Chapter 5 Article III. X Rule 99 | 2019

(a) Victim. As used in this section, a "victim" is a person against whom a criminal offense as defined by the Fort McDowell Yavapai Nation Law and Order Code has allegedly been committed, or the spouse, parent, lawful representative, or child of someone killed or incapacitated by the alleged criminal offense, except where the spouse, parent, lawful representative or child is also the accused. With regards to the rights to be notified and to be heard pursuant to this section, a person ceases to be a victim upon the acquittal of the defendant or upon the dismissal of the charges against the defendant as a final disposition. If a victim is in custody for an offense, the victims right to be heard pursuant to this section is satisfied through affording the victim the opportunity to submit a written statement, where legally permissible and in the discretion of the Court. A victim not in custody may exercise his or her legal right to be heard pursuant to this section by appearing personally or, where legally permissible and in the discretion of the Court, by submitting a written statement, an audiotape or videotape. The victims rights of any corporation, partnership, association, or other similar legal entity shall be limited as provided by statute.
 
(b) Criminal Offense. As used in this section, a "criminal offense" is defined as conduct that give a peace officer or Nation probable cause to believe that an adult or juvenile, pursuant to Chapter 11 has violated any one of the ordinances in Chapter 6 and/or the criminal traffic offenses outlined in Chapter 16 of the Fort McDowell Law and Order Code.
 
(c) Criminal Proceedings. As used in this section, a "criminal proceeding" is defined as a trial, hearing (including hearing before trial), oral argument, or other matter scheduled and held before a trial Court at which the defendant has the right to be present, or any post-conviction proceeding.
 
(d) Custodial Agency. As used in this section, a "custodial agency" is defined as a law enforcement officer, or other detention facility having custody of a person who is arrested or is in custody for a criminal offense.
 
(Law & Order Code 2006, § 5-2 Ft. McD. Res. No. 2000-144, eff. 12-13-2000 Res. No. 2007-34, ex.(Rule 99), 5-22-2007/8-1-2007)