Arizona

Criminal Procedure

Criminal Procedure

Rule 27.9 – Admissions by the Probationer

(a)Required Inquiries. Before accepting an admission that the probationer violated a condition or regulation of probation, the court must address the probationer personally and determine that the probationer understands:

(1) the nature of the probation violation that the probationer will be admitting;
(2) the right to counsel, if the probationer is not already represented by counsel;
(3) the right to cross-examine witnesses who may testify against the probationer;
(4) the right to present witnesses on the probationer’s behalf;
(5) that by admitting a violation of a condition or regulation of probation, the probationer waives the right to appellate court review by direct appeal, and may seek review only by filing a petition for post-conviction relief under Rule 32 and, if denied, by filing a petition for review; and
(6) regardless of the outcome of the probation violation proceeding, if the alleged violation involves a criminal offense for which the probationer has not yet been tried, the probationer may still be tried for that offense, and any statement made by the probationer at the probation violation proceeding may be used to impeach the probationer’s testimony at the trial of that other offense.
(b)Required Determinations. The court may accept the probationer’s admission only if it determines that:

(1) the probationer wishes to forego the rights in (a);
(2) the admission is voluntary and not the result of force, threats, or promises; and
(3) the admission has a factual basis.

Ariz. R. Crim. P. 27.9

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 27.9, relating to admissions by the probationer, was abrogated effective January 1, 2018.