The Phoenix criminal defense lawyers at MayesTelles PLLC break down Chapter 9 of Arizona’s criminal code concerning probation and restoration of civil rights after committing a crime.
Certain crimes are eligible for probation under the Arizona Revised Statutes. There are various types and lengths of probation the court can impose at their discretion. Although the statutes break down probation specifics, understanding probation can become difficult due to its “case-by-case” nature. Keep reading for a breakdown of Arizona’s probation laws.
Intensive, Supervised, and Unsupervised Probation
Probation is issued in proportion to the crime, so the length and nature of probation differs (sometimes drastically) from case to case. Probation typically falls into three categories:
With unsupervised probation, offenders will not have to report to a probation officer. Simply put, just stay out of trouble until your probation period is over. If you do, you won’t ever have to meet with a probation officer or come before a judge over an alleged violation of probation.
With supervised probation, offenders are supervised and must report to a probation officer on a regular basis (this “regular basis” is determined by the judge). At these meetings, you might be required to take certain tests to show your PO you are complying with your probation (drug/alcohol tests, etc.).
ARS 13-913 defines intensive probation as a highly structured, extremely strict probation period that usually involves paying restitution.
Periods of Probation in Arizona
ARS 13-1902 lists guidelines for probation lengths, although the statutes do note that probation can be terminated sooner at the judge’s discretion.
- Class 3 – One year
- Class 2 – Two years
- Class 1 – Three years
- Class 5 & 6 – Three years
- Class 4 – Four years
- Class 3 – Five years
- Class 2 – Seven years
- Class 1 – Not eligible for probation
Any individual who violates their probation may be subject to the following penalties:
- The court can issue a warrant for your arrest
- The court can impose additional conditions to add to your probation
- The court can revoke your probation in exchange for imprisonment
Crimes Not Eligible for Probation
Certain crimes disqualify an individual from probation, such as dangerous crimes against children and other crimes that are violent in nature. Unless your defense attorney is able to argue for a reduction of your charges, crimes that specify “not eligible for probation” will require jail or prison time.
Are you facing criminal accusations? Have you been accused of violating your probation? MayesTelles PLLC is here to help. Call us today or fill out a free case evaluation form. We handle all types of felony and misdemeanor charges.