Phoenix Probation Violation Lawyer
Probation in ARS §13-901
In many cases where a person has been convicted of a crime, they may be eligible for probation under A.R.S. §13-901 in lieu of a jail or prison sentence. When a person is on probation, they must follow certain guidelines and restrictions, such as:
- Reporting to a probation officer on designated dates and at designated locations
- Submitting to curfews
- Remaining within a certain radius of their home and/or workplace
When a person is on probation and fails to comply with any of their probation agreements, they could be charged with a violation and face the risk of returning to jail or prison and serving the remainder of their sentence without chance of parole.
Rearrest While On Probation
The court and probation officers have the authority to issue a warrant for rearrest or rearrest someone who is on probation if they feel it is warranted. Typically, the court issues a warrant for rearrest or modify the terms of probation if the defendant violated any component of their probation agreement.
If You Violate Probation The Court Can...
- Issue a warrant for your arrest
- Modify the terms of your probation (usually making them harsher)
- Revoke your probation, which could result in your imprisonment
When the odds are stacked against you, turn to a firm that cares.
Can You Violate Probation and Not Go to Jail in Arizona?
In Arizona, a person can potentially violate their probation without going to jail, depending on the severity of the infraction. Probation violations are typically divided into two categories: technical and substantive violations.
Technical violations occur when a person fails to comply with court-ordered conditions such as failing to pay fines or fees, missing curfew or not attending required classes or treatment programs. Substantive violations involve committing new criminal activity while on probation.
If a probation violation occurs, the judge has several options for how to proceed. In some cases, the judge may choose to issue a warning or impose additional requirements in lieu of revoking probation and sending the offender back to jail.
When considering whether to revoke probation, a judge will typically look at factors such as the amount of time already served on probation and any previous violations. The court may also consider any alternative sentences available that could be imposed in lieu of revoking probation.
For instance, if an offender has only violated technical conditions, they may be able to complete additional community service or attend more counseling sessions instead of returning to jail. However, if there have been substantive violations, it is more likely that a judge will opt for revocation and send the person back to jail.
The ultimate outcome of a probation violation in Arizona is determined on a case-by-case basis, so it is wise to seek legal assistance from an experienced criminal defense attorney if you or someone you know has violated probation. Our Phoenix probation violation lawyer can provide the best defense and help ensure that the judge takes into account all relevant factors when making their decision.
Don't Wait to Get Legal Representation
If you were accused of violating your probation, you have a relatively small timeframe to secure defense representation. The probation violation lawyer at MayesTelles PLLC is here for you. Contact us today to learn your legal rights and options if either of the following describes you:
- You (or your loved one) was rearrested for a probation violation
- A warrant was issued against you (or your loved one) for a probation violation
Remember, an arrest does not mean you are guilty. You have the right to an attorney who can advocate for you.
Charges Reduced to Reckless Driving
Client R.C. was stopped by Mesa Police for a civil traffic violation and later charged with DUI, Extreme DUI, and Super Extreme DUI in a justice court. During the course of their representation, MayesTelles attorneys discovered important inconsistencies in the police reports. When we presented these issues to the State, the prosecutor’s office agreed to drop all DUI charges.
Fatal Commercial Vehicle Accident
MayesTelles Client A.F. and her husband tragically lost their unborn child as a result of the negligence of an individual operating a commercial vehicle in Yuma, Arizona. After substantial investigation including accident reconstruction and filing a lawsuit, the insurance company paid out the policy limits of $1,000,000.00.
4 Counts of Aggravated DUI Dismissed
Client M.W. was charged with 4 counts of Aggravated DUI in the Maricopa County Superior Court in July 2016 for allegedly riding a motorized bicycle under the influence. The attorneys at MayesTelles demanded that the State include certain materials in their presentation to the grand jury, resulting in the grand jury refusing to indict and the case being dismissed.
Client Charged with DUI
Client, GS, charged with DUI - sentence was reduced to reckless driving.
Client Facing Assault Felony
M.L. was charged with 1 count of Aggravated Assault, a class 3 dangerous felony. She plead guilty to Aggravated Assault, a class 6 undesignated felony, with a stipulation to 3 months of initial jail. She received credit for 32 days and the rest of the jail time was deferred. She was placed on 3 years of supervised probation. She has the opportunity to designate the offense a misdemeanor after successfully completing probation. Location: Maricopa County Superior Court
Client Charged with DUI
Our client, A.R, was charged with 1 count of DUI and 1 count of Failure to Control Speed to Avoid a Collision. During extensive pre-trial investigation, it was discovered that the police made many errors in how they handled the case. We were able to get the client's charges reduced to reckless driving. Location: Glendale City Court
Client Charged with Four Felony Counts
Our client, Ms. D., was charged with two counts of forgery - a class 4 Felony as well as theft - a class 2 Felony and also fraudulent schemes and artifices - a class 2 Felony. We were able to get her conviction reduced to a class 6 undesignated felony with the opportunity to reduce further to a misdemeanor. Location: Maricopa County Superior Court
Client Charged with Trespass & Assault
Our client, T.C., was charged in Maricopa County Superior Court on July 8, 2015 with 1 count of Criminal Trespass, a class 6 felony, and 1 count Assault, a class 2 Misdemeanor. On September 9, 2015, after an 8-day jury trial, our client was found not guilty on both charges. Location: Maricopa County Superior Court
Client Charged with Shoplifting
Our client, Ms. H., was charged with shoplifting - a class 1 misdemeanor. We were able to get her conviction set aside. Location: Phoenix Municipal Court
Client Faced 5 Felony Sex Offenses
Our client, Mr. C., was charged with five counts of felony sex offenses, including two counts of Sex Conduct with a Minor and three counts of Molestation of a Child. We were able to get the case dismissed upon a successful Motion to Dismiss. Location: Maricopa County Superior Court
Client Charged with Disorderly Conduct
Our client, K.F., was charged with Disorderly Conduct, a class 1 misdemeanor. We were able to get this client's case dismissed. Location: Tempe Municipal Court
Client Facing Multiple Criminal Charges
Our client, L.S., was charged on October 20, 2014 in Mesa for an assault, disorderly conduct, and criminal damage. MayesTelles PLLC was able to get those charges dismissed.
Client Facing Multiple Domestic Violence Offenses
Our client, Ms. C., was facing charges of assault / domestic violence (class 1 misdemeanor), disorderly conduct / domestic violence (class 1 misdemeanor), and criminal damage / domestic violence (class 1 misdemeanor). We were able to get our client's case dismissed. Location: Mesa Municipal Court
Charged with Assault & Failure to Appear
Our client, L.S., was charged in Phoenix on December 27, 2014 for assault and failure to appear. After completing diversion, our client's case was dismissed.
Multiple Felony Theft Offenses
Our client, Mr. C., was charged with Theft of Means of Transportation (Class 3 Felony) and Trafficking in Stolen Property (Class 3 Felony). Both class 3 felonies have a possible sentencing range of 2 - 8.75 years in prison. We were able to get our client's charge reduced to a Class 1 Misdemeanor with no jail time. Location: Maricopa County Superior Court