A probation violation is a serious offense in Arizona. If you or a loved one fails to comply with the probation terms, you could face jail time, or even prison, whether the new charge or original one is a felony or a misdemeanor.
What Happens if I Violate My Probation?
A probation violation in Phoenix brings the possibility of a harsher sentence, regardless of the weakness of the original conviction or your innocence of the original crime. If you were originally sentenced, you were given certain terms to follow during probation. Failure to adhere to these warrants a violation of your probation.
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.
What are the Probation Violations?
The actions that constitute a violation varies depending on the terms. Here are some of the more common ones:
- Drug offenses like missing a drug test or testing positive
- Committing a new crime, such as reckless driving, shoplifting, speeding, or driving under the influence
- Not checking in with your probation officer or the judge
- Not complying with a court order
- Drinking when your probation strictly prohibited it
- Not paying court fines or fees
- Contacting someone you were ordered to have no contact with
- Removing your security monitoring device
- Failure to appear at a scheduled court hearing
- Not completing required counseling sessions
These are the most common examples. Note that if there are other terms set forth by the judge, you must also abide by them.
What Do I Do if I Violate Probation?
If you’re faced with allegations of a probation violation, it’s important to contact your legal representation or a criminal defense lawyer as soon as possible. If not corrected, you face harsher sentences, larger fines, hours of community service, and other penalties. Arizona attorney Howard Snader will do everything he can to prevent your probation from getting revoked. He’ll provide you the best defense and take the necessary legal action to fight for you against convictions pursued by the Arizona prosecution.
What are the Consequences of Probation Violation?
For a minor violation, you could expect a strike against you. The probation office could mark you down for bad behavior and give you another chance. Note that once a court is informed about your violation and a bench warrant has been issued, the chances of this happening may be slim.
You may be subject to a revocation of probation if you violate the set terms. This means you can have your suspended jail or prison sentence imposed. Alternatively, the court may reinstate your probation, with the same terms or with additional terms.
What Laws are Pertinent to Revocation of Probation?
Arizona Rules of Criminal Procedure
Rule 27.8. Revocation of probation
This summarizes the proceedings for the probation revocation.
According to the Arizona Rules of Criminal Procedure, the first step taken after a violation of probation is a Revocation Arraignment, where the issuing or assigned judge meets with the probationer to notify them of the violations. Depending on the probationer’s response, the court holds a violation hearing. This occurs in two situations – when there is no admission made or if the admission is rejected.
Within 7 and 20 days after the Revocation Arraignment, the court holds a violation hearing to assess the charges of the violation. With the probationer present, different parties can present evidence of the violation to the court to help clarify the situation further.
A disposition hearing follows the violation hearing, which is used to decide whether the individual broke a condition or a regulation. The punishment differs depending on which was violated.
13-4415. Notice of probation modification, termination or revocation disposition matters; notice of arrest
- The court has to notify the victim of the following on their request:
- Any proceeding regarding the termination of the supervised probation of a person who is convicted of committing a criminal offense against the victim
- Hearings changing the terms of their probation
- The arrest of the offender pursuant to an arrest warrant issued for violating probation
- The probation department will notify the victim of the following
- Modification to the probation that affects the incarceration status, restitution, or contact with the victim.
- The victim’s right to be heard at a hearing for the modification of probation
- Any violation that results in the filing of a petition to revoke probation
- The filing of a petition to revoke probation
- Any conduct by the defendant raises a substantive concern for the victim’s safety.
Hiring a criminal defense attorney when you are charged with a probation violation puts an advocate and protector by your side from start to finish. Experienced 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 rights. To schedule an appointment, call 602-899-0590 for a free consultation.