Santa Ana, CA asked in Criminal Law for Arizona

Q: Is it aggravated when u violate IPS or get a new charge on it

Related Topics:
1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: Since I cannot imagine you were placed on IPS for a misdemeanor charge, I will assume the conviction which landed you on probation was a felony. Previous felonies are one of the factors that a sentencing judge may consider when determining whether or not to hand down an aggravated sentence. Your original conviction may not be upgraded to an aggravated sentence because you have already been sentenced and then placed on probation. If your probation is revoked, you will have to serve the sentence rendered in the previous case which was suspended pending the successful completion of IPS. If you are convicted of an additional crime under the new charge, you could receive an aggravated sentence for the new charge. This would be more likely if the crimes were of a similar nature, indicating that probation has not influenced you to change the behavior which got you into trouble in the first place. Although the sentences would likely run concurrently, or at the same time, the judge likely has the discretion to run the sentences for the two crimes consecutively meaning you would serve the first sentence and the time for the new charges would not start until you have completed the first sentence.

If you were initially on probation for a misdemeanor, violated probation, and ended up on IPS instead of going to jail for the first conviction; then there would not be a felony on your record (unless you had previous convictions you have not mentioned) for the sentencing judge to consider as an aggravating factor. There ARE other aggravating factors besides previous felony convictions; if one of those factors is present you could still be sentenced under the aggravating factors guidelines.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.