Buckeye, AZ asked in Criminal Law for Arizona

Q: Violation of parole

My daughters father was just released from prison and put on parole. However, a week after he got out he obtained another dangerous drug charge. How much Time is he facing in prison? Also, he has previous drug charges so this new charge is “aggravated “. Much help would be appreciated.

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2 Lawyer Answers
Stewart Salwin
Stewart Salwin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: If a defendant is facing charges for simple possession of dangerous drugs, then that is a class 4 felony under ARS 13-3407 (the statute that prohibits possession of dangerous drugs). Because the crime was committed in violation of parole, he would be looking at a sentencing enhancement under ARS 13-708, which states that he would be facing the presumptive term at a minimum and would not be eligible for probation. Now to determine the minimum time he is looking at, you would need to know how many historical prior felony convictions the defendant has. If he only has one felony conviction, he is looking at a presumptive term of 4.5 years (which would be the minimum if the offense was committed while on parole). If he has two or more historical priors, he's looking at a presumptive term of 10 years. Again, this is assuming a class 4 felony violation committed on parole. An attorney can look at the criminal history to determine how many historical priors the defendant has.

Zachary Divelbiss agrees with this answer

Zachary Divelbiss
Zachary Divelbiss
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: I agree with Stewart and you should strongly consider contacting a private attorney to help your child's father.

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