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If you are on probation and your probation officer files a petition to revoke your probation, the court will initiate probation revocation proceedings. The petition to revoke your probation will contain one or more allegations. If the state proves that you violated a specific term of your probation, or if you admit to violating probation, the court will set the matter for a disposition hearing. At the hearing, the court will decide whether to reinstate you on probation, reinstate your probation with a jail sentence or other penalty such as community service, or revoke your probation entirely and sentence you to prison.
Possible Sentences For Violating Probation
The amount of incarceration that a person faces after the revocation of his or her probation depends on the classification of the offense for which they were originally on probation. For instance, a class one misdemeanor can carry up to a $2,500 fine and/or six months in county jail. Accordingly, if a person was found to be in violation of his/her probation for a class one misdemeanor, the court could reinstate him/her to probation and with a term of incarceration in the county jail as punishment. However, the court in this situation could never make the probationer serve more than six months of incarceration as a result of violating probation for a class one misdemeanor.
If a person is on probation for a felony and has been found in violation of probation, the court has more options. For instance, the court could reinstate the person to probation despite the existence of a violation. In such a situation, it is typical for the court to impose some form of punishment for the violation, which could include an extension of the person’s probationary period, a term of incarceration in the county jail, or some other form of sanction such as community service or classes designed to prevent future violations such as a substance abuse counseling program. If the court finds that a person on felony probation has violated the terms of probation and is of the opinion that reinstatement to probation is inappropriate, it can sentence the person to a term in prison. The amount of prison available depends upon the classification of the felony for which the person is on probation. Go to the Arizona Courts sentencing chart to see the sentencing ranges associated with each class of felony offenses in Arizona.
In addition, please note that if the court imposes a prison term upon finding that a person violated probation, it must provide day-for-day credit for any time the person spent in custody as a result of that charge. Imagine that a person is on probation for a felony and is before court for a second probation revocation proceeding. Imagine further that he spent three months in jail prior to being convicted of the offense for which he is on probation, and then an additional six months in jail following reinstatement to probation after his first probation revocation proceeding. In this instance, if the court were to find that the person had committed a second violation of his probation, it may elect to impose a prison sentence. However, if it imposes a prison sentence, the court must give the person credit for the nine months he has already served.
Another possibility for the court at disposition of a violation is “reinstatement to probation BUT reinstatement to Intensive Probation (IPS). This is being under constant surveillance by a surveillance team of IPS Probation Officers and curfew. The County probation office watches your every move. They can and will bang on your door in the middle of the night to confirm you are abiding by your set, curfew, as well as subject, you to random drug and alcohol testing. Many of my clients have opted to go to prison, then be on intensive probation supervision.
Contact Chuck Franklin Law
As a former Maricopa County Probation Officer, I have handled hundreds of probation revocation proceedings. In many cases, I have had the petition to revoke probation thrown out. In many others, I have helped to ensure that a client’s probation was reinstated despite the client having committed a violation of probationary terms. Every case is different, and each client’s matter presents new facts and defenses. Accordingly, it is vital that you contact us for a free consultation regarding your case. If you retain my team and I, we will conduct a thorough investigation and use my courtroom expertise and former probation officer work to get you the best result possible.
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