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.