Introduction
In Arizona, certain types of crimes are eligible for probation according to Arizona’s Revised Statutes. These statutes outline all of Arizona’s state laws as well as the penalties associated with each crime, some crimes have minimum and maximum prison sentences, others have no prison time and many crimes offer the option of probation.
Types of Probation in Arizona
In Arizona, there are three forms of probation that you may be eligible for. Each type of probation sets forth specific rules and guidelines which must be adhered to in order to keep you out of jail. If you break the rules, your probation can be revoked and you will be required to finish the remainder of your prison sentence.
These are three types of Probation in Arizona:
Intensive Probation
This is the strictest form of probation and it is often used for serious offenders and probation violators. If you are eligible for intensive probation you will be strictly monitored throughout your probation and this will be accomplished by reporting to your probation officer multiple times per day, unannounced check-ins and drug or alcohol tests.
Any violation of intensive probation will most likely end with you back in prison.
Supervised Probation
Supervised probation is the most common form of probation in Arizona. During supervised probation, you are required to report to your probation officer according to a set schedule, as well as during supervised probation you may have to attend counseling and community service.
Unsupervised Probation
In unsupervised probation you are not required to regularly report to a probation officer, but as part of your release you will have certain terms to adhere to. If you fail to stick to the terms of your probation, you will face penalties and your level of probation can be changed.
How Long is Probation in Arizona?
In Arizona, the length of probation is determined by a judge, but a judge will base their decision on the classification of your crime. Here are the basic probation times based off of classifications:
- Class 1 Misdemeanor: 3 Years
- Class 2 Misdemeanor: 2 Years
- Class 3 Misdemeanor: 1 Year
- Class 2 Felony: 7 Years
- Class 3 Felony: 5 Years
- Class 4 Felony: 4 Years
- Class 5 or 6 Felony: 3 Years
Guidelines for Unsupervised Probation
The following information are the exact guidelines for unsupervised probation as set forth by the Judicial Branch of Arizona:
- Individuals placed on Unsupervised Probation are typically lower-risk with low-level felony or misdemeanor convictions.
- For the most part, probationers are placed directly on Unsupervised Probation by the Court at the time of sentencing. However, they may be modified to Unsupervised from Supervised Probation, after staffing the case with a supervisor in the Unsupervised Unit for eligibility and upon the Court’s approval.
- Unsupervised Probation consists of a team of a Probation Officer and a Caseload Administrator, who initially meet with the probationer upon sentencing, then monitor compliance via telephone, email, and mail.
Am I Eligible for Unsupervised Probation in Arizona?
Not all crimes are eligible for probation in Arizona. In fact, if the crimes you were convicted of were considered either dangerous or violent in nature you will be required to serve either a jail or prison sentence.
Of the six classes of felonies in Arizona, five are eligible for probation if the offender hasn’t committed any prior felonies. The following crimes are all ineligible for probation in Arizona:
- Dangerous Crimes A.R.S. 13-3704 (assault, manslaughter, domestic violence)
- Sale of Illegal Drugs ( there are some exceptions)
- Certain crimes against or involving children
- Manufacturing dangerous drugs A.R.S. 13-3740
- Gang Affiliation
- Theft of over $100,000 A.R.S. 13-1802
- Fraudulent schemes involving a loss of over $100,000 A.R.S. 13-2310
If you have been convicted of a crime in Arizona and are unsure whether or not you are eligible for unsupervised probation, the criminal defense team at JacksonWhite Law is here to help. Call the JacksonWhite Law’s criminal defense team today to schedule your free case review.
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Are you facing criminal accusations? Have you been accused of violating the terms of your probation? JacksonWhite Law’s criminal defense team has years of experience advocating on behalf of their clients and helping them to achieve impressive case results. If you have been charged with a crime, contact us as soon as possible.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.