arizona PROBATION VIOLATION
Information Regarding Probation Violation - Advice from Experienced and Aggressive Attorneys in Phoenix, Arizona
Probation may be granted by the court in the event jail time is not required by statute. When the court chooses probation as an alternative to jail time, it will impose various terms and conditions to ensure you will lead a law-abiding life. Once the probationary period is completed, and no additional infractions occur, you will no longer be subject to the State's supervision.
Circumstances of Probation Violations
There are several ways in which the state may allege a probation violation, and an experienced attorney in Phoenix, Arizona well-versed in all potential infractions, can help you avoid jail time in the event of a breach of terms and conditions. Some of the more common violations include: failure to pay fines, failure to pay restitution to the victim, failure to enroll in or complete rehabilitation or community service, possession of illegal drugs or weapons, and associating with known criminals. The specific rules you are held to are included in your probation packet and any deviation from the requirements can constitute a probation violation. In the event of a probation violation it is important to enlist the services of a skilled and successful attorney, experienced in dealing with probation officers in Phoenix and the entire court system of Arizona. The actions taken following a probation violation will depend on the severity of the violation; there is a chance the probation officer will provide a second chance and allow the probationer to remain free under the same terms and conditions. However, if a bench warrant has been issued, the chance of this occurring diminishes since the probation officer has seen a need to bring the court into the situation.
CONSEQUENCES of Probation Violations
If you have violated the terms of your probation, you will face possible consequences that may change your life. If a bench warrant has been issued due to your probation violation, you will need to contact an experienced and aggressive attorney in Phoenix, Arizona immediately, to ensure your rights are upheld and the court acts in accordance with pre-established statutes. If not, you may have to face the court and serious ramifications may result for the alleged violation. A probation violation can have serious consequences, such as having your probation revoked and your original sentence invoked, with immediate jail time.
It should be remembered that probation is granted as an alternative to jail for certain crimes and acts in many ways as an extension of jail. The State of Arizona, upon granting probation will establish very specific guidelines which you will be required to follow. If you are charged with another crime while under probation, the consequences for that crime escalate.
Defending Probation Violations
A probation violation can often be successfully defended by an experienced attorney. The importance of enlisting legal representation to remedy your potential breech of Arizona law is essential if you wish to avoid the additional loss of your freedoms and extended infringement on your rights.
In order to defend against a probation violation, it will take a close relationship with an experienced attorney in Phoenix, who will use all the pertinent and relevant information your case provides to combat the State of Arizona's claim of an alleged probation violation.
In many cases, if an acceptable explanation as to why a probation violation has occurred exists, the court may see fit to: one, continue the probation, reinstate with additional terms; or two, place you on intensive probation rather than make you face immediate jail time. An attorney familiar with the Arizona Court System, probation department, and the prosecution's approach to violations, will be your best defense against the allegations brought against you. The ultimate goal is to have your probation reinstated, and to avoid jail time.
An experienced and aggressive attorney can negotiate with the prosecutors for reinstatement of your probation. If faced with another crime while under probation, our attorneys will be able to take your matter and fight for the best results.
General Probation Violation Sentencing Structure
Probation can be found in Chapter 9 of the Arizona Revised Statutes § 13-901 et al; and under the Arizona Rules of Criminal Procedures Rule 27 Probation and Probation Revocation.
- §13-901 Probation
- §13-902 Periods of Probation
- §13-913 Definition of Intensive Probation
- §13-914 Intensive Probation
- §13-917 Modification of Supervision
- Rule 27.7 Revocation of Probation
- Rule 27.8 Admissions by the Probationer
- Rule 27.9 Revocation of Probation in Absentia
Contact a Probation Violation Attorney in Phoenix, Arizona
An aggressive and knowledgeable probation violation attorney in Phoenix, Arizona will use a number of ways to prepare you for a probation violation hearing. Your attorney can prepare you for your hearing, in the event that one takes place, they can gather character, employment, or reference letters to present at the hearing, and establish communications with the probation department or even your probation officer, as well as locate and interview witnesses necessary for your defense.
To learn more about your rights following a probation violation, contact an experienced and successful attorney in Phoenix, Arizona, today.