Probation is an alternative to jail or prison time that allows individuals to remain in the community under certain conditions. You can consider Probation as a privilege, not a right. If you violate probation in Arizona, the consequences can be severe. Depending on whether probation was violated for a misdemeanor or felony, the amount of jail time can highly differ. If you violate probation, it is important to have the right criminal defense law firm on your side.
What Does It Mean to Violate Probation in Arizona?
Probation in Arizona typically comes with a set of conditions that must be followed. These conditions vary depending on the crime, but common requirements include regularly reporting to a probation officer, maintaining employment, attending court-ordered programs, staying within a specific geographic area, and avoiding drugs or alcohol. If you fail to meet these requirements, it’s considered a probation violation. The severity of the violation can vary, and so can the consequences. You can find a more general sense of what the statute says when looking into ARS 13-901.
Some common ways people violate probation in Arizona include:
- Missing appointments with their probation officer.
- Failing a drug or alcohol test.
- Being arrested for a new crime.
- Failing to pay court-ordered fines or restitution.
- Traveling outside the designated area without permission.
- Not completing court-ordered programs, such as rehabilitation or community service.
What Types of Probation Are There in Arizona?
Understanding the different types of probation in Arizona is essential if you violate probation in Arizona. Arizona courts can impose various forms of probation, depending on the nature of the crime and the offender’s circumstances. Here are the main types of probation in Arizona:
- Supervised Probation: Supervised probation is the most typical probation in Arizona, especially for felonies. Individuals on supervised probation are required to regularly check in with a probation officer, who monitors their compliance with probation conditions. This type of probation often comes with stricter terms, such as mandatory drug testing, regular meetings with the probation officer, and restrictions on travel.
- Unsupervised Probation: Unsupervised probation is typically granted for minor offenses and misdemeanors. In this form of probation, individuals do not have to regularly report to a probation officer, but they must still comply with the conditions set by the court, such as paying fines or attending court-ordered programs. While less restrictive, any violation of the terms can still result in severe consequences.
- Intensive Probation: Intensive Probation Supervision (IPS) is the harshest form of probation that is designed for individuals convicted of more serious offenses or for those who with a past that violate probation in Arizona. IPS includes strict supervision, frequent drug testing, curfews, and limitations on movement. Probation officers will typically have more control over the daily activities of individuals on intensive probation, and the consequences for violations are harsher.
- Adult Deferred Prosecution: Arizona offers a form of probation known as deferred prosecution. This is commonly known as “Diversion” or “Felony Diversion”. In this arrangement, an individual accused of a crime can avoid a conviction by agreeing to comply with specific conditions. If they successfully meet the conditions, the charges can be dismissed. However, violating the terms of deferred prosecution can result in the reinstatement of the original charges.
Immediate Steps to Take If You Violate Probation in Arizona
If you violate probation in Arizona, acting quickly can significantly impact the outcome of your case. Here are some steps you should follow:
1. Contact an Experienced Attorney
The first and most important step is to contact a lawyer who specializes in probation violations. Arizona’s legal system can be complex, and without proper legal representation, you could face harsh penalties, including jail time. An attorney can help you understand the charges, represent you at a probation violation hearing, and work to minimize the consequences.
2. Understand the Type of Violation
Not all probation violations are treated the same way. There are two types of violations in Arizona: technical violations and substantive violations.
- Technical Violations: These are non-criminal infractions, such as missing a probation meeting, failing to pay fines, or breaking curfew.
- Substantive Violations: These occur when a new crime is committed while on probation, such as being arrested for a DUI or theft.
Understanding whether your violation is technical or substantive will help determine the legal strategy for your case.
3. Gather Evidence and Documentation
Collect any relevant documentation that can support your defense. If your probation violation was a result of a misunderstanding or circumstances beyond your control, such as illness or an emergency, this information can help your case. For example, if you missed a probation meeting due to a medical emergency, gathering hospital records can provide a valid explanation for the missed appointment.
4. Stay in Contact with Your Probation Officer
If possible, notify your probation officer about the violation and explain the circumstances. Maintaining open communication can demonstrate that you are taking responsibility and attempting to comply with the terms of your probation. However, it’s essential to speak with your attorney before making any statements that could be used against you.
What Happens During a Probation Violation Hearing?
Once a probation violation is reported, a judge may issue a warrant for your arrest, or your probation officer may ask the court to schedule a probation violation hearing. At this hearing, the judge will determine whether you violated the terms of your probation and what consequences you should face. Unlike a criminal trial, the burden of proof in a probation violation hearing is lower — the state only needs to prove that it is more likely than not that a violation occurred. If you are found in violation of probation, the Judge has the following options:
- Reinstatement of Probation: In some cases, the judge may choose to reinstate your probation with the same terms, especially if this is your first violation.
- Modification of Probation: The judge may modify the terms of your probation, adding more conditions such as stricter supervision, electronic monitoring, or requiring attendance in additional programs.
- Revocation of Probation: For more serious violations, the judge may revoke probation entirely, meaning you could be required to serve the remainder of your sentence in jail or prison.
- Extension of Probation: The court may decide to extend your probation period as a penalty for the violation.
What Are the Sentencing Ranges for Probation Violations in Arizona?
Felonies in Arizona are classified into six classes, with Class 1 being the most serious (e.g., first-degree murder) and Class 6 being the least serious felony. When someone violates probation for a felony, the court has several options, including reinstating probation, modifying probation terms, or revoking probation and imposing the original prison sentence within the following ranges. Below you can find what ranges you may be subject to if you violate probation in Arizona. You can also find sentencing ranges in table form HERE.
Felony Probation Ranges
- Class 1 Felony: Not eligible for probation (for crimes like first-degree murder).
- Consequence of Probation Violation: Life imprisonment or death penalty.
- Class 2 Felony: Typically 3 to 12.5 years in prison if probation is revoked.
- Probation Violation Consequences: The judge may impose a prison sentence within this range, depending on the circumstances of the violation.
- Class 3 Felony: Typically 2 to 8.75 years in prison if probation is revoked.
- Probation Violation Consequences: Revocation can lead to prison time within this sentencing range.
- Class 4 Felony: Typically 1 to 3.75 years in prison if probation is revoked.
- Probation Violation Consequences: Sentences for violations typically fall within this range upon revocation.
- Class 5 Felony: Typically 0.5 to 2.5 years in prison if probation is revoked.
- Probation Violation Consequences: If probation is revoked, prison sentences are typically within this range.
- Class 6 Felony: Typically 0.33 to 2 years in prison if probation is revoked.
- Probation Violation Consequences: The least serious felony, with potential imprisonment within this range upon revocation.
Misdemeanor Probation Violations
Misdemeanors in Arizona are classified into three classes, with Class 1 being the most serious and Class 3 being the least serious.
- Class 1 Misdemeanor: Maximum sentence of 6 months in jail.
- Probation Violation Consequences: If probation is revoked, the individual could face up to 6 months in jail.
- Class 2 Misdemeanor: Maximum sentence of 4 months in jail.
- Probation Violation Consequences: If probation is revoked, jail time can be up to 4 months.
- Class 3 Misdemeanor: Maximum sentence of 30 days in jail.
- Probation Violation Consequences: Upon probation revocation, jail time can be up to 30 days.
Defenses Against a Probation Violation
If you’ve violated probation in Arizona, it’s important to remember that you have the right to present a defense. Some possible defenses to a probation violation include:
- Lack of Evidence: The state must provide sufficient evidence to prove that you violated the terms of your probation. If the evidence is weak or unreliable, the judge may dismiss the violation.
- Valid Excuse: Life events such as medical emergencies or accidents may excuse certain violations, such as missing a meeting or failing to complete a court-ordered program on time.
- Unintentional Violation: Sometimes, individuals inadvertently violate their probation without intending to do so. This could include confusion about the terms of probation or a mistake made by the probation officer.
How an Tamou Law Group Can Help If You Violate Probation in Arizona
Hiring an experienced lawyer if you violate probation in Arizona is essential if you find yourself facing a violation. Our Arizona Probation Violation Lawyers can provide the following assistance:
- Case Evaluation: Your attorney will review the details of your violation and evaluate the evidence against you.
- Legal Representation: Your lawyer will represent you at the probation violation hearing and work to present a strong defense.
- Negotiation with the Court: In some cases, an attorney can negotiate with the court or probation officer to reduce the penalties, possibly avoiding jail time or revocation of probation.
- Defense Strategy: Based on the specifics of your case, your lawyer will develop a legal strategy that could involve arguing a lack of evidence or presenting mitigating circumstances.
Conclusion
Violating probation in Arizona can lead to significant consequences, including jail time and revocation of your probation. However, there are steps you can take to defend yourself and potentially avoid the most severe outcomes. The first step is to consult with an experienced attorney who can guide you through the probation violation process and advocate on your behalf.
If you violate probation in Arizona and need legal assistance contact the Tamou Law Group today at 623-321-4699 to schedule a consultation.
