What Happens if I Violate My Probation?
If a dependent is put on probation, they are expected to strictly adhere to the terms set forth. Some of the common violation of terms include:
- Drug possession or failing a drug test
- Committing a new crime no if it’s a misdemeanor or a felony (homicide, rape, reckless driving, shoplifting)
- Failure to meet when ordered by the court
- Driving with a suspended license
- Possession of a firearm
If your Probation Officer has reason to believe you’re violating probation, they can file a petition to revoke probation and immediately issue an arrest warrant. If you’re arrested under a violation of probation, you can’t be released until the violation proceeding is finalized.
If you’re unsure about whether something is a violation of probation, consult with a criminal defense attorney. You’ll find the Phoenix AZ best lawyers at the Snader Law Group.
Probation Violation Arraignment
The first date for you to go to court is for the arraignment. Here, you will either admit the violation or set the case for a hearing. Most violations of probation are apparent, thus it’s usually best to just admit to the offense.
Competent criminal defense attorneys would talk to the probation officer so that the probation violation disposition occurs at the same time as the arraignment. This speeds up the entire proceeding of the violation probation.
Probation Violation Disposition
A disposition is the equivalent of sentencing for a probation violation. The judge can reinstate or revoke the probation. Reinstatement of probation means that the defendant is put back into probation, which may be with the same terms as the original probation, with additional terms. The defendant may also be placed on intensive probation.
Probation revocation means that the defendant is no longer on probation, and may have his suspended sentence imposed. The defendant may also face increased jail time or prison time, along with harsher fines and penalties. Community service may also be involved
Intensive probation (IPS), as the name suggests, is more restrictive probation. The defendant must stay at home unless they are at work, and they must call a surveillance officer every time they leave or arrive home and work. The surveillance officer may visit the defendant more frequently to ensure the defendant would abide by the probation. If any were found, like drug offenses or driving under the influence, then the officer may file a revocation of probation.
Probation Violation Hearing
If no disposition had been arrived at, then the defendant goes through a probation violation hearing. In the courtroom, a prosecutor proves the allegations of the violation and the defendant’s legal representation will defend them. They may bring in witnesses to testify, or show police reports, or any other evidence against the defendant.
An experienced defense attorney would know how to refute or rebut whatever the probation officer testifies against the defendant. The attorneys from the Snader law firm are experts in criminal defense law of Phoenix, AZ. They know the ins and outs of the criminal justice system and can provide the best possible defense for you. Contact them now to fight for you.
The prosecutor does not need to prove your violation beyond a reasonable doubt. They would only need a preponderance of the evidence, which is a much lower standard of proof. In other words, if the evidence is favorable to the prosecution’s side, it’s enough for your sentencing.
If the judge finds that the defending party did not violate any terms, the defendant will be immediately released and put back on probation. If not, the judge may conduct a Probation Violation Disposition immediately or keep them in custody until a later date.
Defenses to Violating Probation
There are many ways to defend against an Arizona parole violation allegation. We’ll list down a few of the more common ones. If you want to know what the best defense is for your case, consult with one of the best Phoenix criminal defense lawyers.
Miranda Rights Violation
In Arizona, if a defendant a statement admitting guilt is admissible based on voluntariness. In other words, if your criminal lawyer can show that the police tricked or scared you into confessing, or that they did not read your Miranda rights, then that admission may be suppressed and not shown in criminal court.
Denial of Right to Counsel
If a suspect demands to talk to their lawyer, but the law enforcement officer ignores this and proceeds with interrogation, that’s a denial of the right to counsel. In some cases, like DUI ones, you must speak with your criminal defense lawyer as soon as possible to provide legal counsel.
Errors in Police Reports
If you’ve been charged with violating probation, your defense lawyer can expose errors in the police report. These may be inaccurate crime scene reconstruction, false statements, misstatements, or anything else that your lawyer can use.
Hire a criminal defense attorney to fight for you or a loved one from start to finish. Experienced Arizona criminal attorney Howard Snader knows the law, the players, and the procedure. He will not let the prosecuting attorney or the legal system trample on your constitutional rights. To schedule an appointment, contact us here.