Probation Violations & Revocation
Arizona Probation Laws
According to Arizona’s probation laws, individuals convicted of a crime can be sentenced to probation terms in lieu of jail, or they may enter the probation system following a jail term. After a conviction in Arizona, many sentences include completing probation. Oftentimes, a judge will sentence an offender to probation as an alternative to prison for first-time offenders.
Probation Terms & Rules
Arizona Probation Terms (ARS §13-901)
Arizona has a reputation for strict law enforcement. Individuals placed on probation instead of jail or prison time must still meet challenging expectations.
Probation usually lasts anywhere from one year to a lifetime, and includes strict rules and terms. Those completing jail sentences may also face probation terms lasting long after release.
The terms set forth for each Arizona probationer may vary, but typically include:
- Forfeiture of Fourth Amendment rights, granting law enforcement permission to search your person, home, or vehicle at will.
- Ongoing random and scheduled drug and alcohol screening.
- Tight restrictions on traveling outside county or state limits.
- Mandatory education and awareness programs.
- Orders to pay fines, fees, and victim restitution on time.
- Reporting to community service obligations.
- Prohibitions on relationships, types of employment, and other lifestyle restrictions.
Depending on the terms set forth in the probation agreement, more restrictions may apply, including limitations on computer use or internet access.
Often, probationers have difficulty conforming to the number of expectations set forth by the state in their probation agreement. In many cases, probation violators are actually unaware they’ve committed a violation.
NOTE: The most important term of probation is that the defendant must remain a law-abiding citizen during the time of their probation. This means that if any criminal charges are filed during their time of probation, they will also face the charge of probation violation.
Probation Violations
Regardless of intent, those suspected to be in violation of their probation agreement will likely face probation violation charges and enhanced sentences for any new criminal charges.
Anyone suspected of a probation violation, regardless of severity, faces immediate arrest and the possibility of remaining in jail without bail. There are no juries at probation hearings. A judge will listen to both arguments, weigh any evidence presented, and make a ruling.
In probation violation cases, the amount of evidence necessary for conviction is minimal. It is imperative you fight probation violation charges with the aid of an Arizona criminal defense attorney familiar with the probation system.
The Penalties for Probation Violation in Arizona
The penalties for violating probation in Arizona typically correspond with the condition of probation violated. Probationers can be arrested for violating simple probation conditions, or for committing new crimes.
If found guilty for violating probation in Arizona, the possible penalties can include:
- The revocation of your probation and imposition of a prison term;
- Termination of your probation;
- An order to serve a period of time in jail;
- Removal from unsupervised probation and placement on supervised probation;
- Increased severity of other probation conditions;
- and more.
Your defense strategy may be the only thing standing between you and lengthy confinement. An effective Arizona criminal defense lawyer can result in a return to the original probation conditions, with no additional penalties, or even a termination of your probation. The attorneys at Tait & Hall know the probation system extremely well and have experience defending clients in courtrooms across Arizona.
What should I do if I’m facing Probation Violation charges in Arizona?
Those arrested for probation violations in Arizona are not subject to automatic penalties. If you’ve been accused of a probation violation, you have the right to defend your case and fight the charges brought against you.
That said, Probationers have the odds stacked against them. Having a conviction and being on probation can lead to difficulties finding or keeping a job and paying fines. Probation violations are all too common, leading to years of punishment for sometimes simple and harmless violations.
Hire an Arizona Probation Violation Criminal Defense Lawyer
If you face charges of probation violation, you need a lawyer to help the judge understand the circumstances surrounding the alleged violation, your character, and how you’ve already learned from your original conviction. Don’t gamble with your future on the line!
The Arizona criminal defense attorneys at Tait & Hall can aggressively defend you. With several decades of combined experience, we assist individuals throughout the Phoenix Valley and across the state of Arizona.
Here at Tait & Hall our lawyers will investigate your case and uncover an appropriate strategy tailored to your individual needs. We know how to investigate these matters and how to anticipate what the state will use against you. Additionally, we have the availability to consult with a wide variety of forensic experts to build a strong defense for you.
If you or someone you know is facing charges for probation violation, there is a lot on the line. You need an experienced criminal defense lawyer on your side.
Click Here to receive a consultation from the Attorneys at Tait & Hall.