Arizona DUI & Criminal Defense Attorney Blog
In a recent case before an Arizona appellate court, the defendant argued that the trial court unreasonably modified the terms of his probation. The court’s response to the defendant’s argument brings up important questions such as whether a defendant on probation has the right to an attorney and whether a probationer can waive the right to the attorney if he does so knowingly and voluntarily. Ultimately, the opinion serves as a reminder that retaining qualified counsel is highly important in criminal proceedings, no matter what stage of the criminal proceedings are in play.
Probation Modification
The first question before the court was whether the defendant had the right to notice and a hearing before the court modified his probation terms. Apparently, the defendant had failed to comply with the terms of his probation – he failed to make court-ordered payments to the victim of his theft offense, and he committed at least one misdemeanor while on probation. The court provided the defendant with a form, which told him his probation would be extended for five additional years. The defendant signed the form.
On appeal, however, the higher court concluded that this form was insufficient under the law. The defendant instead had a right to a formal hearing before signing the form to indicate he understood the change in his probation. The US and Arizona constitutions guarantee a defendant due process, and that due process had been violated here.