Legal Question in Criminal Law in Arizona

Appealing sentencing probation violation

I have a friend who was sentenced to DOC on his first probation violation with no new charges, after doing some research I feel this is harsh. He was on standard probation why wasn't IPS offered as an alternative to prison? Are there any sentencing guidelines for probation violation? If not is there any way to appeal this sentence?


Asked on 6/02/05, 10:59 pm

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Appealing sentencing probation violation

An appeal does not apply to a probation violation. What is needed is a Petition for Post Conviction Relief - this has to be done within 90 days of sentencing. There are guidelines for all sentences however, to determine if the judge abused discretion a transcript of Defendant's sentencing is needed and a copy of the presentence report in the underlying case.

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Answered on 6/03/05, 6:59 am


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