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Is the Order of Confinement stayed if I filed a Notice of Appeal regarding it?


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#1 LBSazInc

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Posted 12 December 2012 - 06:55 PM

In June 2012 I had my probation reinstated. The Judge included a 60 day deferred jail period as one of the probation terms.
However, he notied that the jail may be "deleted or further deferred at the request of the Probation department",
An arbitrary date of 12/1/12 was notied as the start of the 60 day jail.

On Nov 28 my probation officer gave me the Order of Confinement instructing me to self-surrender on 12/1/12.

On Nov 29, I filed a Notice of Appeal with the trial court clerk.
I have a case currently under advisement with the AZ Court of Appeals -so they can review the Order of Confinement and my claimes as to why it it defective.

On 12/4 my Probation officer filed with the Probation Judge from June a "Memo to the Court" claiming that yes I did file an appeal to have the Order of Confinement reviewed but that I violated my probation as I did not adhere to the order and self-surrender on 12/1/12.
The Judge who issued the Order issued a Bench warrant for my arrest on a Petition to Revoke my Probation.

In AZ isnt this Order stayed until the Court of Appeals issues its decision?

Isnt the warrant defective because of my appeal from the Confinement order?

What do I do if I am arrested--I already have printed up a Writ of Habaeus Corpus and a print of my appeals case info showing it is still an active open case with the Court of Appeals

Advice?

#2 LegalwriterOne

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Posted 12 December 2012 - 11:17 PM

In AZ isnt this Order stayed until the Court of Appeals issues its decision?


No. The order isn't stayed unless the court of appeals issued a stay. People appeal their sentences all the time but they're serving them while their appeals are pending....

#3 doucar

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Posted 13 December 2012 - 12:07 AM

The appeal may also be late, since in most states there is a window of 10-30 days to file an appeal so June to November may have been tooo late.

#4 FindLaw_Amir

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Posted 13 December 2012 - 11:00 AM

To learn more about this subject matter, you may wish to visit the Criminal Law Center: Criminal Procedure and read The Appeal, Writ and Habeas Corpus Petition Process as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.




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