Asked in Criminal Law and Federal Crimes for Arizona

Q: Wat charge is 13-901

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1 Lawyer Answer
Kai Michael Henderson
Kai Michael Henderson
  • Criminal Law Lawyer

A: Arizona Revised Statute Sec. 13-901 deals with probation. It is often placed at the end of a charging paragraph with other relevant sentencing statutes as part of the explanation of possible applicable sentencing provisions, but since that language is often copied and pasted into various Court paperwork, it may or may not be in an indication that a person is probation eligible. To sort through how this might apply in your case you should contact an attorney.

A.R.S. Sec. 13-901(A) provides in part: "If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, shall without delay place the person on intensive probation supervision pursuant to section 13-913 or supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate, including participation in any programs authorized in title 12, chapter 2, article 11. If a person is not eligible for probation, imposition or execution of sentence shall not be suspended or delayed..." Be warned that A.R.S. Sec. 13-901(F) provides in part that: "When granting probation the court may require that the defendant be imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation, as long as the period actually spent in confinement does not exceed one year or the maximum period of imprisonment permitted under chapter 7 of this title, whichever is the shorter."

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