Criminal Law

questions & answers

Question: In Arizona, what should we expect for sentencing for Probation Violation on items 1 & 2 below and new charge on item 3? All same person. 1. 13-3415 (F6) DRUG PARAPHERNALIA VIOLATION 5/6/2012 Pled Guilty To Reduced Charge 7/30/2012 sentenced to probation 2. 13-3415 (F6) DRUG PARAPHERNALIA VIOLATION 7/14/2012 Pled Guilty To Reduced Charge 7/30/2012 sentenced to probation 3. 13-3408 (F4) NARCOTIC DRUG VIOLATION 3/1/2013 Pled Guilty As Charged 3/13/2013 awaiting sentencing.

Answer: It is not clear from the information that you provided if the Class 6 felonies are prior felonies for sentencing purposes, or if they are all being combined together in one plea agreement, and if the person was on probation at the time he/she committed to last class 4 felony. In a worse case scenario, if the person has two prior felonies and was on probation, and is convicted of a class 4 felony while on probation, the minimum is 10 years, however, it is not likely that that is the sentencing range agreed to in the case and the person may be eligible for probation on all three cases. Again, there are too many factors to give a definitive answer.

QUESTIONS

  • In Arizona, what should we expect for sentencing for Probation Violation on items 1 & 2 below and new charge on item 3? All same person. 1. 13-3415 (F6) DRUG PARAPHERNALIA VIOLATION 5/6/2012 Pled Guilty To Reduced Charge 7/30/2012 sentenced to probation 2. 13-3415 (F6) DRUG PARAPHERNALIA VIOLATION 7/14/2012 Pled Guilty To Reduced Charge 7/30/2012 sentenced to probation 3. 13-3408 (F4) NARCOTIC DRUG VIOLATION 3/1/2013 Pled Guilty As Charged 3/13/2013 awaiting sentencing.

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