Legal Question in Criminal Law in Arizona

Re: felony probation violation

Nobody can predict what will happen to your friend. There are MANY questions that have to be answered to make that guess. However, it is important for your friend to have a very experienced attorney fighting for him.

For more information, go to:

www.AggressiveCriminalDefense.com

Re: felony probation violation

No one at lawguru.com can answer your question as you have stated it (regardless of how "aggresseive" that defense attorney is) because:

(1) you did not say what state the probation is pending in [I assume it's AZ because of the categories you mentioned] and the original state's laws will control the possible punishment limits, etc. ... so a Michigan attorney cannot ethically guess at the punishment or procedures in AZ;

(2) you did not say what the crime was for which he was on probation (a felony or misdemeanor?) because that crime sets the punishment 'ceiling';

(3) you did not say what the person's overall criminal record is;

(4) how much jail/prison time has the defendant already served toward the maximum incarceration allowed by law for that offense;

(5) who is the particular judge handling the case? He/she has discretion re: a PV sentence, so which judge it is has a big impact because some judges are more lenient/forgiving than others;

(6) what is the nature of the violation (e.g., being AWOL / failure to report with the probation officer monthly? committing a new crime? failure to pay restitution?). The nature of the violation may affect the severity of the punishment;

(7) what are the reasons why the defendant committed the violations;

(8) etc.

Those and other factors have to be looked at before anyone can guess at an answer to your question.

Re: felony probation violation

I forgot to add to my previous answer that if the original crime and probation are in another state (e.g., AZ) and he's jailed in Michigan, extradition will have to occur to get him to AZ.

That can be done quickly with the defendant's consent to be extradicted. He's probably charged with a Michigan crime called "fugitive from justice" (a misdemeanor that give Michigan's courts a 'hold' on the defendant). If he waives extradition (consents), then AZ officials will be given a certain time frame to come-'n-get-'em and ... or take weeks/months for a formal "governor's warrant" to be prepared and signed by the requesting state's governor and sent to Michigan, and THEN the defendant has a right to challenge the extradition in Michigan. All the while, he might be held in jail.