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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118200
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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AZ Superior Court Case 2007Original charge Misdemeanor Contracting

Customer Question

AZ Superior Court Case 2007
Original charge Misdemeanor Contracting Without A Contractors License ;
Outcome, DISMISSED
Refiled, in Superior Court F2 Fraudulent Schemes & Artifices
In a Fraudulent Schemes And Artifices Case F2 case after being sentenced in a plea deal to Supervised probation (spit the counts up in a probation violation sentence ?)
Example: The sentencing Judge ordered Probation to a person for 7 years. After 19 months the offender violated the probation and subsequently sentenced to 5 years in the AZ. Dept. Of Corrections.
CT 2 5 years DOC
CT 1 Supervised Probation commencing at the end of the Ct 2 , 5 years sentence.
POINT: The 7 years of probation was completed in CT 2 because of the Prison sentence.
However CT ! still remained and the offender was sentenced to 5 years Supervised Probation.
QUESTION
In AZ can the Superior Court Judge sentence a person to prison on one ct of the two counts to prison on ct 2 and probation on count ! ?
QUESTION
The plea was a concurrent sentence on the two counts.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is double jeopardy only where a defendant is tried twice for the same exact crime. Here you are charged with 2 different crimes stemming from the same facts and circumstances. The judge has a right to sentence someone to jail on one count and to give probation on another count, even though they came from the same set of facts and circumstances and that would not be double jeopardy, it would just be separate sentences for two separate counts or offenses.
Furthermore, probation is part of the sentence and a violation of probation is a separate offense from the criminal charge that got you the probation to begin with, so it would not be double jeopardy it is a separate violation.
If the plea was a concurrent sentence and the judge did not follow that plea, which is the judge's right, then your recourse would be to file a motion for post conviction relief to challenge the sentence as too harsh and outside of the terms of the plea. That would be your sole recourse.