Legal Question in Criminal Law in Arizona

Can you be resectenced?

My husband was convicted of a felony 4 years ago and was scentenced 11 months in jail and 4 years of probation (including jail time) his probation is up this month and his PO in Arizona (we live in utah) is requestiing 3 more years, and his PO in Utah is requesting probation termination. Is it legal, for the Arizona PO to not give the Judge the trermination request, and only her extention request? Also is it even legal to be resentenced after you have already followed through with the courts agreement? The only thing he has not yet done is paid off the fine (it is 45,000 between 3 of them). And would you think the 2nd Artical section 15 of the Arizona comandment applies to this outragous fine? Thank you for your time, Elizabeth


Asked on 5/03/05, 4:51 pm

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

Re: Can you be resectenced?

The probation officer can not extend probation. The probation officer can move to extend probation and the judge can agree to said. What Defendant needs to do is move to terminate probation. It is also too late to contest this fine, however, if this is restitution the victim(s) may agree to take less or Defendant can move to have this designated a civil judgment.

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Answered on 5/03/05, 7:19 pm


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