Everything You Need to Know about Probation Violations in AZ
Complying with the terms of a probation after getting sentenced for a crime in Arizona is absolutely vital. Probation terms can vary but they will typically include frequent communication with a probation officer, refraining from the consumption of alcohol and the use of drugs, as well as not committing another crime. Persons with probation violations in AZ face serious consequences. Depending on the situation, a probation officer can file a document known as a Petition to Revoke Probation. When this happens, a warrant for the arrest of the respective individual will most likely be issued.
Arizona Laws and Regulations
Apart from the above-mentioned scenarios, there are several other activities or violations that could constitute probation violations in AZ. These include:
- Leaving the respective jurisdiction
- Failing to come back to the jurisdiction by the time of an appointment with a probation officer
- Failing to attend a court-ordered program or classes
- Failing to pay fees and sanctions ordered by the court
- Contacting someone who has a protective order in place
In Arizona, a person who commits any of the above violations risks having the probation revoked and the original crime for the sentence invoked. This means immediate jail time, even if the criminal charges themselves aren’t that serious.
What Happens after a Probation Violation is Committed?
Several legal procedures will be triggered after the violation of the probation terms and conditions.
The first one is the probation violation arraignment. This is the defendant’s chance to admit to the violation or to request the scheduling of a probation violation heating. In most instances, such a violation is obvious and easy to prove. If this is the case, admitting the guilt is the best course of action. Needless to say, a consultation with an experienced criminal defense attorney will have to occur beforehand.
Depending on the violation type and the skills of the defendant’s attorney, it’s possible to get back on probation or to be placed under intensive probation. Intensive probation refers to a very strict provision. Typically, the defendant will have to spend all time away from work at home and they will also have to communicate with the probation officer much more often.
In case a probation violation disposition isn’t possible, a probation violation hearing will take place next.
The probation violation hearing is held to put the decision in the hands of a judge. When the defendant and the probation officer can’t reach an agreement, the prosecutor will also get involved. It will be their responsibility to contact and bring in witnesses. These witnesses will provide information about the exact manner in which the terms of the probation were violated.
There are two possible hearing outcomes. In the best case scenario, the judge will rule out there hasn’t been a violation. The defendant will be placed back on probation immediately. In the case of a violation, a disposition will have to be reached or the defendant will be kept in custody.
Things can be expected to become much more complicated whenever the defendant is accused of a Term 1 probation violation. This terms refers to committing another crime while on probation. Obviously, this is the gravest possible offense.
Whenever a person commits a Term 1 probation violation, they will face two possible consequences. For a start, the probation will be revoked and the sentence will become effective. In addition, the defendant could receive a second sentence for the crime that they committed while on probation.
A lawyer will choose a defense approach that is based on the circumstances and that will mitigate the accusations against the defendant. Exposing procedural flaws is very common. Negotiating with the probation officer is another common approach that will lead to the resolution of a probation violation out of court.