Legal Question in Criminal Law in Arizona

Probation Violation- Sentencing

My fiancee is currenty in Maricopa County Jail for probation violation- 3 counts - all misdemeanors---The state filed a motion to revoke his probation. He has over 2 years served back time. The maximum sentence or his presumptive is 3.75. He had a probation revocation hearing last week - It looks like they want to reinstate him but give him 1 year in County Jail. He told me he is going to inform his P.O. that he is going to turn down the reinstatement and ask to go to D.O.C. (They usually will give you your served back time) He is thinking he will get a maximum of 1 year if sentenced to D.O.C. (seeing also that you only do 85% of your time) He asked me to do some research on mitigating the time he will be sentenced for. His reason for mitigation would be he just started his own Excavation business before getting arrested, now the business is booming and we need him desperately. But his main reason is his 3 year old daughter. I am having trouble finding anything on the internet that is really giving me any help with the definition of mitigation much less a case that may be similar. Can you help? What is mitigation exactly? And do you have any further advice that may help him in his case? Thanks for your time.


Asked on 2/21/05, 6:05 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: Probation Violation- Sentencing

Probation violation dispositions are always up to the judge. Mitigation is evidence that is presented to lower or reduce the sentence. You present interesting issues that are too detailed to address in an email. If you are looking for private representation and need more insight, feel free to call me.

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Answered on 2/21/05, 9:02 am


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