Probation in most states is considered a privilege, not a right. Most people also find it to be a highly favorable alternative to prison. Therefore, the court and law enforcement expect the individuals who are convicted and sentenced to probation to abide by court-ordered rules. These may include community service, limiting excessive intake of alcohol, and refraining from using controlled substances. It may also include appearing at court during your scheduled appearances. If you are accused of violating one of these conditions deliberately, you could face some of the following penalties.
If the violation is the first one and is relatively minor, you will be given a warning by your probation officer. He or she will also notify you that a future infraction will lead to a probation hearing, which will require you to appear in court and could result in a number of more severe penalties.
With a second probation violation, or if the first offense was considered severe, your probation officer could petition the court to revoke your probation privileges. This request will lead to a summons to court, where a judge will decide whether or not a true violation took place. You will then need to attend a deposition hearing, where your probation will either be revoked, modified, or continued.
A revoked probation means your probation as you know it now will change. For example, if you are serving more than one term concurrently, the court could sentence you to the terms of imprisonment to be served consecutively. On the other hand, if your probation included serving a year in jail and you are already on lifetime probation, the court can require you to be imprisoned for an additional term at whatever time. In other cases, a judge may sentence you to the penalty you would have received if you had not been sentenced to probation, which could be significantly worse.
While you can appeal such a decision, your attorney will need to prove to the appeals court that the revocation was arbitrary and lacked sufficient evidence. It is for this reason that hiring an experienced Phoenix criminal defense attorney is so important. Our attorneys at Suzuki Law Offices are passionate about providing bold and compassionate legal assistance to all the people we help. We have decades of combined legal experience to offer your case. We also understand each case is unique. We take an individualized approach to every situation, approaching each case to create strategic solutions that work for those unique problems. For more information about your particular case, call us or fill out our online form to schedule a free case consultation with us today. We are available to take your call 24/7 at any time of day. We look forward to defending your rights.