Blog Post

Probation Violation In Arizona

Probation violations are a serious matter in the state of Arizona. If someone on probation violates their terms, they could face serious and severe penalties for that probation violation in Arizona. In fact, violating the conditions of your probation could even result in incarceration. According to the United States Department of Justice, the number of people on probation or parole in the United States totaled over 4.35 million in 2019. If you are accused of probation violation, consider speaking with an experienced attorney to help you ensure your legal rights are protected. The skilled defense team at Chuck Franklin Law assists clients facing probation violation accusations throughout Arizona. Call 480-545-0700 today to speak to Chuck directly.

What Is a Probation Violation Charge in Arizona?

Before you decide what steps to take to defend yourself against accusations of probation violations, it is vital to understand the seriousness of those accusations in Arizona. If the prosecutor can prove that a violation occurred, you could face a jail sentence. If you were placed on probation after being found guilty of a crime by the Arizona courts, you were given a chance to remain in the community instead of going to jail. However, any person on probation must follow the terms and conditions of that probation in order to stay out of jail. Failure to comply with the conditions of probation can result in jail time and other penalties.

According to the Prison Policy Initiative, approximately 168,000 people were sent to prison for technical violations of probation or parole in one year alone. The importance of visiting with an experienced criminal defense attorney when facing accusations of probation violations in Arizona can help ensure that your questions are answered and your legal rights remain protected.

Possible Probation Violations in Arizona

Although the terms and conditions of probation will vary from one criminal case to another, some of the most common types of probation violations include:

• Committing a new criminal offense while on probation.
• Testing positive for alcohol or drugs.
• Missing mandatory AA meetings or courses.
• Failing to attend mandatory treatment programs.
• Ignoring or failing to report to the probation officer.
• Refusing to pay the required fines and fees while on probation.
• Leaving the city, state, or country without seeking permission from the court.
• Possessing firearms in violation of probation conditions.

If a prosecutor can prove that a person violated the terms of their probation, they might face imprisonment. Work with an experienced attorney in Arizona to ensure your legal rights are protected during your probation violation hearing.

What Are the Penalties for Violating the Terms of Probation in Arizona?

Probation violations in Arizona can entail severe punishment. Because judges have broad discretion when it comes to choosing the appropriate punishment for violating the terms of a person’s probation, penalties for probation violations will often depend on the nature and severity of the violation, the original crime, and other factors. Possible penalties include:

• Community service.
• Hefty fines.
• Mandatory rehab programs.
• Additional programs.
• Imprisonment.
• The revocation of probation.

If the judge decides to revoke your probation after you violate the terms of your probation, you may be required to serve the remaining amount of time of your original sentence in jail. Because the consequences of violating probation in Arizona are so severe, consider hiring an aggressive and results-driven defense lawyer at Chuck Franklin Law to defend you against the claim of a probation violation.

What if You Violated the Terms of Your Probation?

If you are concerned that you did something in violation of your probation, consider speaking with an attorney as soon as possible. Violating the terms of your probation could lead to your arrest and incarceration. Trying to represent yourself at a probation violation hearing without an attorney could prove challenging, and it is important to note that your freedom and future are at stake. Consider visiting with an experienced criminal defense lawyer to build a solid case and present your arguments in front of the judge in order to attempt to preserve your legal rights. If the violation of the terms of your probation leads to an arrest, you may be held in jail between the arrest and the date of the hearing.

Probation Violation Defenses

At a probation violation hearing, a judge will listen to the arguments from both sides to determine whether the violation actually occurred and whether revoking probation would be an appropriate punishment. In most cases, a probationer’s lawyer will present evidence to the judge by raising one of the following defenses:

• The probationer did not violate the terms of their probation (when there is a lack of evidence to prove that a violation has occurred).
• The violation does not warrant a revocation of probation (when the violation is minor or technical in nature).

In some cases, a criminal defense attorney may be able to resolve claims of probation violation without a hearing.

What Happens After the Probation Violation Hearing?

Depending on the severity of the violation, the judge may keep a person on probation but impose additional terms and conditions. There are three possible outcomes of a probation violation hearing in Arizona:

• Reinstate probation. Having your probation reinstated means that you will stay on probation after receiving your charge. The terms of probation will not change.
• Modification. In some cases, the judge may modify the terms of probation to make them more restrictive.
• Probation revocation. The judge may revoke the probation and send the probationer to jail.

If probation is revoked, the judge can send you to jail to serve the remaining time of your original sentence behind bars.

Contact an Experienced Arizona Probation Violation Defense Attorney

Chuck Franklin Law is well-versed in handling claims of probation violation and representing his clients at probation violation hearings in Arizona. If you have been accused of violating the terms of your probation, contact a knowledgeable and compassionate attorney to help you take the necessary steps to attempt to avoid or reduce the punishment for probation violations in Arizona. Call 480-545-0700 to schedule a free consultation.