Legal Question in Criminal Law in Arizona

Jail v Probation

Im looking at 3 years probation for drug paraphenala. After the interview with the probation officer i started to think jail would threten my sobriety less(new in NA) i so dont wanna get stuck in the system and be broke forever. Dident qualify for task cuz my co defendant is a third time offender,i have no priors. Is there any way i could request jail INSTEAD of probation?


Asked on 8/18/07, 2:57 am

2 Answers from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Jail v Probation

Be careful what you ask for, but yes, you can certainly ask a judge for straight jail time, and tell him or her your reason.

The pity of your kind of question is that, with so strong a motivation to maintain your sobriety, you are exactly the kind of person who should NOT be in jail.

Good luck.

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Answered on 8/18/07, 3:10 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Jail v Probation

If you have not yet been sentenced, you can request jail in stead of probation. If you have already been sentenced, it gets more complicated. Of course, you can just violate, get probation revoked, go to jail for a looong time. Approaching this up front, early on, will get you a much better result. Tell the judge WHY you want jail. Perhaps some kind of REAL treatment can be had, instead of jail.

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Answered on 8/18/07, 7:16 pm


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