Introduction
In Arizona, judges have many options for determining the punishment for a crime, and one of the most popular options is probation. During probation, the convicted person agrees to follow specific rules and stipulations set forth by the judge, and in return, they can avoid jail time.
How Long Do You Go to Jail for Violating Probation in Arizona?
Probation allows you to remain out of jail, and when probation is revoked, you are required to serve time in jail. Unless the judge revokes your probation due to another crime’s commitment, the jail sentence is based on the original crime you committed. If you committed a crime that led to a judge revoking your probation, then your jail sentence will include time for the original crime as well as the new crime that violates the probation terms.
Types of Probation in Arizona
There are three forms of probation in Arizona that a judge can assign you, so long as you meet the requirements.
Unsupervised Probation
Unsupervised probation is the lowest level, and it has the least amount of rules to follow. In unsupervised probation, you are not required to report to a probation officer regularly. Instead, the court trusts you to adhere to your probation’s rules and terms, and in return, the court allows you to live unmonitored. If you fail to stick to your probation terms, you will face penalties, and your level of probation can be changed.
Supervised Probation
Supervised probation is the most common form of probation in Arizona. During supervised probation, you must follow the rules and terms of your probation, and you are required to regularly check-in with a probation officer.
The judge will determine the frequency of your check-ins, and you must attend all of the check-ins with your probation officer, or else you risk having your probation revoked. Also, during supervised probation, you may have to attend counseling and perform community service.
Intensive Probation
This is the strictest form of probation, and it is used for severe offenses and individuals who have violated the terms of their probation. If you are eligible for intensive probation, you will be closely monitored throughout your probation. This is accomplished by unannounced check-ins, regular meetings with your probation officer, and drug or alcohol screenings.
Even though all of the meetings and drug tests may seem to be a nuisance and a waste of your time, you must attend all of them. Judges take intensive probation agreements very seriously, and most violations result in a mandatory jail sentence.
Ways of Violating Probation in Arizona
When a judge grants you probation, they allow you to avoid jail time in exchange for following specific rules and guidelines for a period of time. These rules and procedures must be adhered to, and if the court finds out that you have not been following them, your probation can be revoked, and you will face further punishment.
There are various types of probation violations; here are some of the most common:
- Committing a crime while on probation
- Removing a monitoring device
- Failing to appear in court
- Missing a drug test
- Failing a drug test
- Drinking alcohol if your probation specified you couldn’t
- Failing to pay court fees
- Speaking with someone you were ordered not to contact
If you are unsure about what your probation agreement restricts you from doing, you should call JacksonWhite Law to schedule a free case review. Violating the terms of your probation is serious, but you can avoid making any mistakes with the help of an experienced criminal defense attorney.
Penalties for Violating Probation in Arizona
Probation is much preferred to spending time in prison, so avoiding anything that would violate your probation is worth it. If you violate the terms of your probation, you will be punished according to the type of probation you were on and the severity of the violation.
Warning
If you commit a first-time violation and if the violation is considered relatively minor by your probation officer, then the penalty is simply a warning from your probation officer. A warning is severe, and if the violation occurs again, you are less likely to receive a warning, and the penalty will be more severe.
Modification or Revoking of Probation
If the violation has occurred repeatedly, or if the violation is more severe, then your probation officer can petition the court to revoke your probation. If this happens, you will be summoned to appear in court, where the judge will determine if the violation is severe enough to revoke, modify, or leave your probation as is.
If the judge decides to modify the probation, this simply means that they will enact stricter terms for you to follow, as well as there will be more severe consequences with any further violations.
Getting Help
You have the right to appeal a judge’s decision to revoke your probation and keep yourself out of jail. Doing so is difficult, but the criminal defense team at JacksonWhite Law has years of experience assisting clients with criminal cases and is here to help.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to schedule a free case review today.