He was caught with narcotic and parafanalia and just got out of his 2 year sentence on good behavior. (OG release was July 2013) he was just taken into custody again today for being caught with posession and parafanalia again. What will happen now?
If he is found to have violated probation the court can resentence him to any lawful sentence on the charge that he was convicted of (this can include revoking probation and sending him back to prison). This would be separate and apart from what would happen on the new charges that he picked up. Make sure he has an attorney.
The State will initiate a petition to revoke his probation and will set a revocation arraignment. As for the new case, he will be looking at a substantial term in the department of corrections. If he has two prior felony convictions and was on probation at the time of this offense, he is looking between 10-15 years of prison for the possession of drugs alone. I am not saying that this is going to happen. I am simply describing his exposure based upon my limited knowledge of his case.
Feel free to contact me if you need assistance.
The Feldman Law Firm, PLLC
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It sounds like your husband actually violated his community supervision (often refered to as parole), unless he had a probation tail on different charges. If he served 85% and got an early release, he could be sent back to prison to serve out the rest of his time. On the new charges, his priors will likely be used to enhance the prison sentence. The county attorney and the judge will be harsher becasue of his recent release and the fact that he committed the same type of drug offenses.
This answer is intended to only provide general information and does not establish an attorney- client relationship. You may wish to consult with an attorney regarding your specific case.
Typically in a situation like this, the defendant is held in county jail on the new charges and has a "D.O.C. Hold" on him until the complete flat-time sentence that he was in D.O.C. for is expired.
Or, if he actually was on a "probation tail" in lieu of community supervision (parole), then he is subject to the full underlying prison sentence for that particular COUNT (charge) that he was on the probation tail for. In that case, he would likely be facing more time than simply serving 100% of the underlying D.O.C. sentence, becausue it would be a whole new prison sentence for a separate charge.
And finally, as my colleagues pointed out, the new offense can have serious prison exposure due to the fact that he has at least one prior conviction and committed the offense while on community supervision or probation.
In any event, he will not be bondable, and any sentence he receives for the new crime will have to be at least the presumptive sentence. To make things even worse, under ARS 13-708, the sentencing judge would have to add an additional two years to the sentence.
But each situation and each case has its own differences, and I am not saying that all of these things are necessarily going to happen. It is crucial for him and his lawyer to contact the prosecutor and begin a dialogue and negotiation with her/him as soon as possible.
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