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Rule 38.1. Application for a Suspension Order

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IX. Miscellaneous
Rule 38. Suspension of Prosecution for a Deferred Prosecution Programs
16A A.R.S. Rules Crim.Proc., Rule 38.1
Rule 38.1. Application for a Suspension Order
(a) Generally. After filing a complaint, indictment, or information, but before adjudication, the State may file a motion requesting that the court suspend further proceedings to allow a defendant to participate in a deferred prosecution program.
(b) Motion's Content. The motion must state facts establishing that the defendant is legally eligible for participation in a deferred prosecution program. The motion must be accompanied by the defendant's signed consent agreeing to participate in the program. The consent also must be signed by defense counsel, if any.
(c) Suspension Order. After reviewing the motion and the defendant's signed consent, and upon finding the defendant legally eligible for a deferred prosecution program, the court must suspend further proceedings for the period specified in the motion, not exceeding two years. If the defendant is in custody, the court may order the defendant's release.


Added by Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 38.1, AZ ST RCRP Rule 38.1
State Court Rules are current with amendments received and effective through September 15, 2023. The Code of Judicial Administration is current with amendments received through September 15, 2023.
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