Is there a statute of limitations for a probation revokation in Arkansas?
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Is there a statute of limitations for a probation revokation in Arkansas?
Asked on April 29, 2009 under Criminal Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I don't understand. Please reformulate your question, give more details and resubmit.
As to probation issues in Arkansas:
16-93-303.Procedure.
(a)(1)(A)(i)Whenever an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the judge of the circuit or district court, in the case of a defendant who has not been previously convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the court.
(ii)A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.
John Franklin WILLIAMS v. STATE of Arkansas CR 02-21 ___ S.W.3d ___ Supreme Court of Arkansas Opinion delivered December 5, 2002 Criminal law -- revocation -- State's burden. -- To revoke probation or a suspended sentence, the burden is on the State to prove violation of a condition of probation or the suspended sentence by a preponderance of the evidence; because the burdens are different, evidence that is insufficient for a criminal conviction may be sufficient for a probation or suspended sentence revocation; thus, the burden on the State is not as great in a revocation hearing; since determination of a preponderance of the evidence turns on questions of credibility and weight to be given to the testimony, the supreme court defers to the trial judge's superior position.
If you don't have a lawyer and need help, please try www.attorneypages.com and the Arkansas state bar.
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