2014 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 93 - Probation And Parole
Subchapter 3 - Probation and Suspended Imposition of Sentence
§ 16-93-309 - Probation generally -- Revocation hearing -- Sentence alternatives.

AR Code § 16-93-309 (2014) What's This?

(a) Following a revocation hearing held under § 16-93-307 and in which a defendant has been found guilty or has entered a plea of guilty or nolo contendere, the court may:

(1) Continue the period of suspension of imposition of sentence or continue the period of probation;

(2) Lengthen the period of suspension or the period of probation within the limits set by § 5-4-306;

(3) Increase the fine within the limits set by § 5-4-201;

(4) Impose a period of confinement to be served during the period of suspension of imposition of sentence or period of probation; or

(5) Impose any conditions that could have been imposed upon conviction of the original offense.

(b) Following a revocation hearing in which a defendant is ordered to continue on a period of suspension or a period of probation, nothing prohibits the court, upon finding the defendant guilty at a subsequent revocation hearing, from:

(1) Revoking the suspension or period of probation; and

(2) Sentencing the defendant to incarceration in the Department of Correction.

(c) If the suspension or probation of a defendant is subsequently revoked and the defendant is sentenced to a term of imprisonment, any period of time actually spent in confinement due to the original revocation shall be credited against the subsequent sentence.

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