» Entries tagged with "presentence incarceration credit"

Judges Aren't Always Right

A week or two ago, I saw a judge make a ruling completely contrary to the law. It happens, but usually not so obviously. The judge was hearing a number of pleas at once. Two of the defendants were in custody and pleading to aggravated DUI. Pursuant to A.R.S. § 28-1383(D) and (E), certain types of felony DUI require that a defendant spend a certain amount of time in prison before being placed on probation. In Arizona, prison and jail are different. Jails are run by counties and cities, and felony defendants spend their time in county jail pending resolution of their criminal matters. Prisons are run by the state. You can only go to prison if you are sentenced. Both of those pleading defendants were in … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, Courts, DUI

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