The Arizona Supreme Court says a person who pleads guilty under a plea agreement has only very limited rights to challenge a restitution order that follows.
The case decided Tuesday by the state high court centered on a restitution award for nearly $41,000 against a man who pleaded guilty to driving under the influence.
The Supreme Court ruled that a Pima County Superior Court judge correctly ruled that Frank Hoffman gave up his right to appeal the restitution award by pleading guilty under a plea agreement.
The court's unanimous ruling said state law allows such defendants to challenge restitution awards through only very limited legal reviews known as post-conviction proceedings.
mikedurham posted at 9:22 am on Wed, Mar 6, 2013.
The two year limitation on filing civil suits against criminals needs to be modified to conviction plus two years in non capital cases and 55 years for murder and felony sexual assault. Every judge hearing a criminal case in Arizona should be required to justify not requiring restitution directly to the victim with a victim option to appeal the failure to assess restitution. Maricopa Superior Courts have proven time and again that convicted offenders can a will pay restitution over the last 3 years.
mikedurham posted at 9:24 am on Wed, Mar 6, 2013.
Thank you, Arizona Supreme Court.