At my firm we handle all kinds of cases including probation matters. This
can easily be one of the most distressing types of criminal matters because
the consequences can be so severe to the client. Think about it. Somebody
makes a mistake in life by committing a crime. The consequence is they
get placed on probation. The probationer is truly remorseful for the crime
they committed and sets out to make amends by paying off all restitution
and doing exactly what he or she is supposed to do under probation. Then
for some reason the probation officer decides to file a Motion To Revoke
Probation. Perhaps the probationer lost his job and could no longer afford
to make the restitution payments. If the Petition To Revoke is granted,
the probationer may go to prison or be reinstated with additional terms.
If he is reinstated,this kind of merry go round can continue for years
with him constantly be reinstated for additional years, if the State believes
constant monitoring is needed. The Court of Appeals recently decided that
a trial court does not err under the Arizona Revised Statutes Sections
13-901 and 902 by revoking a defendant's probation that was previously
extended for an additional five years pursuant to Section 13-902(c) for
failing to fully pay restitution when he violates other condtions of probation
such as drug/alcohol testing because the specific language of the statute
authorizes the Court to extend the "period" of probation when
a defendant has failed to make restitution and the provision limits the
length of any such extension to a five year period.
State v. Turner, 1CA-CR 15-0477, 5/3/16.
If you have been accused of a crime call The Law Offices of Randall J.
Craig,PLLC at 480 767-0400. You may reach us via the web at #www.phoenixfelonycriminaldefense.com
or #www.randalljcraig.com #probation #scottsdalecriminaldefense #scottsdaleattorney
#scottsdaledui #phoenixfelonycriminaldefense #randalljcraig #criminal