Legal Question in Criminal Law in Arizona

To start out what my question refers too is my boyfriend is being convicted of an attempted aggravated robbery, he is 19 years old and was looking at probation for his charge, until the probation reccommend 2.5 years in prison because of something they found in his juvenile record from when he was thirteen years old. He was involved in a drive by, although nothing serious happened at the time back then he was only charged with lying to the police, but the judge is not sure whether he wants to give him probation, he said he is thinking about giving him his presumtive of 2.5 years because of his juvenile record and doesn't think he would be eligible for probation, and they set him a mitigation hearing, and this is his first offense as an adult. Can they use his juvenile record against him like that? From something he did at thirteen years old, because I just don't see how that is right


Asked on 2/15/12, 9:28 am

1 Answer from Attorneys
Jeremy Claridge Byrne & Benesch

Yes. A juvenile record is not sealed in Arizona and can be used against him. The issue is that his juvenile record is not a guilty conviction but is an adjudication this can't be used against him as a historical prior. Your boyfriend is being charged with a class 4 felony. The minimum prison sentence is 1 year and the max is 3.75. If probation is already making recommendations, your boyfriend has already been found guilty via a plea offer. A judge can take anything into consideration when sentencing between 1 and 3.75 years including boyfriend's criminal record. If it was considered a prior, the judge would be limited to sentence between 2.25 years and 7.5 years with a presumptive of 4.5 years prison. The sentence is adjusted according to mitigating and aggravating factors. Considering the presumptive for attempted aggravated robbery is 2.5 years and he has a prior juvenile record, he might be happy that he is only getting 2.5 years. That firm sentence does not affect his ability to get out early on parole for good behavior. This is not a mandatory flat time sentence.

Best of luck, if you need an attorney, I'm here in Yuma.

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Answered on 2/15/12, 9:43 am


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