Criminal Law

questions & answers

Question: If a sentence of 4 months was imposed and the judge granted suspension of sentence-probation granted. Does defendant first go to doc before being released from custody?

Answer:

The following is intended as general information only and should not be construed as legal advice. Criminal law can be very complicated and to learn how the law applies to your specific situation, you may wish to consult an attorney directly.

A.R.S. 13-901 states that “If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, shall without delay place the person on intensive probation supervision pursuant to section 13-913 or supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate, including participation in any programs authorized in title 12, chapter 2, article 11.” This means that if a defendant is convicted and eligible for probation, the court may suspend the sentence and instead place them under supervision. According to A.R.S. 13-3617, “a sentence can be suspended for no more than two years, and if at any time within such period, it appears to the satisfaction of the court that the person has complied with the conditions of the suspension, or is for any cause entitled to be released, the court may discharge him and exonerate the bond.” This means that the defendant will not go to prison or jail if he or she adequately complies with the conditions of the suspension of his or her sentence. Whether the defendant is incarcerated before being released from custody will depend on the conditions of the suspension of the sentence.