What Happens if You Violate Probation?
Probation is generally a more desirable sentence than jail time, but it’s imperative that you honor the conditions you’re given. Probation may require you to perform community service and appear in court while following specific limitations or requirements.
Covered under ARS 13-901, violating probation in Arizona is a serious offense. If you’ve been placed on probation and don’t comply with the court-ordered terms, you might face fines and even jail or prison time. Even if you didn’t actually commit the offense or your original conviction was weak, failing to follow court orders could result in a probation violation.
If you’ve been accused of a probation violation in Arizona, it’s crucial that you work with a skilled probation violation lawyer if you have been accused of violating probation. Our Phoenix probation violation attorneys at JacksonWhite will support you in defending against the accusations and potentially avoiding harsh penalties.
Types of Probation Violations
Arizona Law addresses probation under ARS 13-901 and the following subsections, stating that the court has the authority to outline the terms of probation and can terminate probation at any time, depending on the conduct of the probationer.
A probation violation happens any time someone violates their probation terms, which are rules laid out by the judge regarding what an individual can and cannot do during their probation period. Probation violations may involve failing a drug test, failing to pay fees, committing a new crime, and more.
Depending on the type and severity of the violation, you may receive a warning or more severe consequences, like a revocation of probation or jail time.
The following are some common types of probation violations:
- Committing another offense
- Failure to go to counseling or comply with treatment programs
- A positive, diluted, or missed drug test
- Failing to pay fines or fees or to follow a court order
- Drinking when your probation instructs you not to
- Failure to report to the judge or your probation officer
- Removing a court-ordered security monitoring device
- Failure to show up in court at the scheduled time and date
- Speaking to a specific person who you aren’t allowed to contact
- Falling behind on fees, fines, community service, or restitution.
Probation terms are typically the same length as the jail sentence they are replacing but might last longer. Usually, a probation term will last no longer than a few years, but it’s up to the judge’s discretion. Some offenders receive lifelong probation after committing certain felony crimes.
Penalties for Violating Probation
If you break your probation and it’s a first-time offense or minor violation, you might just receive a warning from your probation officer. In other cases, you’ll get a harsher probation term, larger fines, and other penalties like house arrest. Otherwise, the officer can request that the court revoke your probation, in which case you’d be asked to go to court and face the risk of potential imprisonment.
At the violation hearing, both sides will have the opportunity to bring witnesses in to discuss the potential violation and original probation terms. If you were convicted of a felony and received probation, your probation may be extended by 2 years if you receive a misdemeanor charge during probation and 5 years for a felony.
If you are concerned about facing an extension of your probation or other harsh penalties, you should contact a probation violation lawyer. Having an attorney by your side offers you several advantages, from helping you navigate the legal system to building a defense against the prosecution. During an initial consultation, our attorneys at JacksonWhite will learn more about the accusations against you and develop a plan to combat the penalties you’re facing.
The Benefits of Hiring a Phoenix Probation Violation Lawyer
If you violate your probation and work to defend yourself, you may be at a strong disadvantage going up against an experienced prosecution team seeking to pin you with the harshest possible penalties. A probation violation attorney will offer you valuable support and guidance through the legal process and provide an opportunity to reduce your charges and take some of the stress out of the process.
Some of the benefits of hiring a defense attorney from JacksonWhite include:
- Legal Experience – Our attorneys have a deep understanding of Arizona probation laws, court procedures, and other legal requirements, so we are equipped to help you navigate them.
- Negotiation Skills – We are well-versed in handling negotiations in pursuit of reduced charges or penalties for any case.
- Protection of Rights – We take every precaution to preserve and uphold your rights throughout the legal process, advocating for you in and outside of court.
- Evidence Handling – Our lawyers know how to gather and leverage evidence to strengthen your defense and improve your chances of a positive outcome.
- Personalized Advice – We give every case the attention it deserves, helping you determine a legal strategy tailored specifically to your unique circumstances.
- Stress Reduction – Navigating a legal process that’s difficult to understand can be incredibly stressful, our attorneys stand by your side to relieve the burden.
- Increased Success Rate – Having an attorney by your side increases your chances of success, as we use proven strategies to strengthen your case for reduced penalties.
Our probation violation lawyers at JacksonWhite take your case seriously, seeking nothing less than the best possible outcome. You should never go at it alone, as you risk facing some of the harshest penalties under the law. Our team will advocate for you while offering you complete peace of mind during the process.
Our Process for Handling Probation Violation Cases
At JacksonWhite, we have a detailed process for handling probation violation cases that allows us to pursue the best possible outcome. In every case, this process begins with a free initial consultation. This consultation gives us the chance to discuss case details, gather information, and assess your legal options.
From there, our probation violations lawyers will take the following steps:
- Case Evaluation – During a case evaluation, we’ll review the terms of your probation, review the charges against you, and determine the best path forward.
- Investigation – We conduct a thorough investigation to gain a complete understanding of your case, including interviewing witnesses and reviewing police records.
- Strategy Development – Using the details of your case and the evidence against you, we’ll develop a tailored defense strategy with the greatest chance of securing a positive outcome.
- Negotiation – We’ll use our experience to negotiate with the prosecution and seek a resolution like reduced charges or alternative penalties.
- Legal Representation – Our team will represent you in any court appearances or hearings so that we can challenge the case presented by the prosecution.
- Sentencing Advocacy – We advocate for your best interests during sentencing to seek the most favorable outcome and pursue the lightest possible penalties.
- Post-Hearing Support – Even after your case is complete, we’ll support you in navigating legal processes, including providing assistance with any new probation terms or conditions so you fully understand what’s expected of you.
Altogether, our process involves standing by you from step one until the end of your case. Our team of skilled probation violation attorneys will advocate for you and take every possible legal avenue to defend you against harsh penalties. If you have any more questions about our process, we’ll lay everything out during a free initial consultation.
Possible Defenses for Violating Probation
Although a probation violation can result in harsh consequences, there are potential defenses that can be used to either lighten or drop the penalties. For example, failure to meet with your probation officer is a common probation violation, but having a valid reason, such as a medical emergency, for missing a meeting can be a valid defense.
Failing to pay your fees and fines can also result in a probation violation. If this applies to you, using financial records to prove that you did your best to keep up with payments could help your case. However, these are just a few of the possible defenses our probation violation attorneys at JacksonWhite can leverage.
Some more potential defenses our team at JacksonWhite can use include:
- Lack of Willful Violation – If a probationer did not violate the terms of probation intentionally, we can argue that it was not a malicious act and is undeserving of harsh legal consequences.
- Insufficient Evidence – When the prosecution does not have sufficient evidence, we can argue that their case is not strong enough to support a conviction.
- Unreasonable Terms – If the terms of probation were overly burdensome or unreasonable, like interfering with work or treatment programs, we will use this to argue that following the terms was unrealistic and a violation is unjust.
- Improper Notification – If a probationer isn’t properly informed of the probation terms they violated, we can argue that they would not have known they were violating the court order.
- Medical or Psychological Issues – If a probation violation is the result of medical or psychological issues that were not adequately addressed, we can advocate for appropriate treatment instead of legal penalties.
In some cases, showing that you’ve been on good behavior (apart from the violation) throughout your probation could help you avoid extra penalties. If you’re facing probation revocation or violated your probation terms, working with a skilled criminal defense attorney is essential. Our team will build a defense strategy that makes the most sense for your case and can help you increase your odds of a favorable outcome.
Potential Outcomes in Your Case
Working with a probation violation attorney can bring you a list of potential outcomes that leave you better off than representing yourself against a ruthless prosecution. With a strong legal background and experience in probation violation cases, an attorney knows what is necessary to build a defense.
At JacksonWhite Law, we can build a strategy to help clients achieve some of the following potential outcomes:
- Case Dismissal – In some cases, we can get charges dropped entirely and have your case dismissed so you can continue on your probation as before.
- Reduced Charges – Our lawyers may be able to get your charges reduced to lower charges, for example, from a felony to a misdemeanor.
- No Additional Penalties – We may be able to advocate for you to avoid having additional penalties added to your probation term.
- Modified Probation Terms – We may be able to pose a defense that has your probation terms modified to more favorable or manageable terms.
- Alternative Sentencing – With a strong defense, we may be able to seek alternative penalties to jail time, like community service or counseling.
- Shortened Jail Time – In cases where jail time is unavoidable, we can advocate for a minimized sentence.
- Deferred Sentencing – Our lawyers can advocate for deferred sentencing, which will offer a longer opportunity to demonstrate compliance with probation terms and avoid harsher penalties.
Of course, every case is different, and the outcomes can differ depending on the circumstances of your case. The best way to learn more about your potential outcomes is to consult a skilled criminal defense attorney. Our team at JacksonWhite Law is here ready to support you with a free consultation so we can begin building you the strongest possible defense.
What to Do if You’re Facing Probation Violation Charges in Arizona
If you’ve violated your probation sentence in Arizona, you might be facing serious consequences. Not only do violations often come with hefty fines, but you may have to serve time in jail. Working with a Phoenix probation violation attorney is a good way to find out what your options are for reducing your penalties. They can help you assess your situation and come up with a suitable action plan for your case.
Our Criminal Law team at JacksonWhite has decades of experience in criminal defense cases, advocating for the rights of our clients while taking a compassionate approach to each case. During a free consultation, our probation violation lawyers will learn more about your case and help you develop a firm defense strategy that increases your chances of the best possible outcome.
Call the JacksonWhite Criminal Law team at (480) 571-0398 to discuss your case today.
Frequently Asked Questions on Probation
Here are some commonly asked questions related to probation:
Q: Can I get my probation reduced?
If you’ve already completed part of your probation without any violations or incidents, you may be able to request a removal or reduction of the terms. Ask your attorney if there’s anything you can do to build an argument and keep in mind that the judge will have the final say.
Q: Are parole and probation the same thing?
While parole and probation are similar, they aren’t the same. Probation is a sentence that you serve, and parole is given after you’ve already served part of your sentence.
Q: What does a probation officer do?
When you receive probation, you’ll also get an assigned probation officer who will keep tabs on you. A probation sentence will usually involve regular meetings with the officer to show that you are complying with the terms. If you received a substance-related offense, you may have to submit mandatory drug tests during the meetings.
Q: What do probation conditions usually look like?
It will always vary according to the sentence, but each probation sentence aims to keep the offender from violating the law again. If you, for example, committed a crime with a specific person, you might be forbidden from seeing that person for the duration of your probation sentence. You may also be asked to stay within state boundaries, pay fines, and avoid intoxication.
Q: What if my probation was revoked?
Upon a revoked probation, the judge has multiple options for sentencing. They may give you additional fines, add time to your probation sentence, or require you to attend a treatment program. In other cases, the judge may require you to spend time in jail.
