Probation Revocation Is Possible Even After Sentence Has Ended

Case: Adams v. State, 2020 Ark. App. 501

Trial Court: Mississippi County Circuit Court (Judge Ralph Wilson, Jr.)

Issue: Does a circuit court have jurisdiction to revoke probation after the probation period has expired?

Holding: Yes. Ark. Code Ann. Sec. 16-93-308(f) sets forth circumstances under which probation may be revoked even after the term has expired.

Summary:

The facts and legal argument in this short case are straightforward. Adams, the appellant, pled guilty to aggravated assault in February 2013 and was sentenced to three years’ probation. A petition to revoke was filed in August 2015. On the same day, an arrest warrant was issued. It was executed shortly thereafter. A second petition to revoke was filed in January 2017. The court took up the first petition at a February 2017 hearing where it found Appellant guilty of a violation and sentenced him to three more years of probation. 

A subsequent petition was filed in November 2017 and taken up in a June 2019 hearing. The court again found that Appellant had violated his probation. This time, it sentenced him to 18 months’ imprisonment and a three year suspended sentence.

On appeal, Adams argued that:

by the time his probation was revoked in February 2017, his probation had already been expired for over a year.  Thus, he contends that the court lacked jurisdiction to revoke his probation and extend it in 2017.

Opinion at 1.

The appellate court rejected this argument, pointing to statutory authority allowing a court to revoke probation where, for instance, “the defendant is arrested for the violation or if a warrant is issued for the defendant’s arrest for violation prior to the expiration of the probationary period”. Id. Because an arrest warrant was issued and returned while the appellant’s probation was still in effect, the court affirmed.

Parting Thoughts:

This case presents an opportunity to review the circumstances under which a court retains jurisdiction to revoke a “completed” probation term. Per Ark. Code Ann. §16-93-308(f), a court may revoke a sentence of probation (or a suspended sentence) if any of the following occurs before the term ends:

• The defendant is arrested for violation of suspension or probation;

• A warrant is issued for the defendant's arrest for violation of suspension or probation;

• A petition to revoke the defendant's suspension or probation has been filed if a warrant is issued for the defendant's arrest within thirty (30) days of the date of filing the petition; or

• The defendant has been issued, pursuant to the Arkansas Rules of Criminal Procedure, a citation in lieu of arrest or a summons for violation of suspension or probation.

Those who have an arrest or pending revocation petition hanging over their heads as they are finishing up a probation sentence or suspended sentence are not necessarily out of the woods simply because the term expires. Those in such a situation might be well-served to consult with an Arkansas Criminal Law Attorney as soon as possible. Contact our firm by phone, email, or our contact form if you would like your potential case evaluated.