
Originally Posted by
Emily115
I have a question. My husband was arrested in Arizona for a class 1 misdemeanor. He has a plea agreement and one of the terms is unsupervised probation, then it says the court shall determine the terms of probation. We live in New York...no not gang members or anything negative we are from Long Island, please be nice, we are, and the arrest was not violent or anything it was for a joint roach. Literally the size of my pinky nail. Anyway, it says along with unsupervised probation he has to pay a 746$ fine, and attend an 8 hour drug education class here at home. My question is though if he signs this plea agreement as guilty what is the court determining otherwise as of "terms of probation"? We can't really afford to fly back rent a car and stuff to meet with a PO. Can somebody please tell me what this means? Thanks in advance.
Yeah, the questions you want answered are all after the fact and handled by the judge and prosecutor. The role of law enforcement is simply to submit charges based upon probable cause.
Only the judge will say what the terms are. The prosecutor can recommend, but the judge has to approve the final plea bargain regardless. If you can't fulfill the terms of the assigned probation, I highly recommend never coming back to AZ as a warrant will be issued for his arrest. Possession of marijuana can be charged as a Class 6 felony (lowest felony we have), but is often reduced to a Class 1 misdemeanor (highest misdemeanor we have) if it's a first offense.
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