If an individual has been sentenced for a specific crime and is serving probation in Arizona, it is imperative that he or she fully abides by the terms set forth by the court. If not, their probation officer can file a “Petition to Revoke Probation” and issue a warrant for the person’s arrest. Once they have been arrested, they may be held “non-bondable” until their probation violation is resolved in court, meaning they cannot be released from jail until the judge has made their decision.
Why You Should Call Suzuki Law Offices Right Away
Have you been accused of violating the terms of your probation? Arizona courts take Probation violations seriously, so it is in your best interests to contact Suzuki Law Offices as soon as possible.
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What is Considered a Probation Violation?
An individual can be found guilty of violating the terms of their probation for:
- Possessing an illegal weapon or substance
- Committing another crime while on probation
- Missing a scheduled appearance in court
- Failing to pay restitution or attend counseling
- Failing to check in with a probation officer
- Violating any specific terms of their probation
- Failing a Phoenix drug test
- Leaving the state without permission from the probation officer
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Preponderance of Evidence
Unlike criminal cases, prosecutors only have to prove a probation violation by a preponderance of evidence – a much lower standard than proof “beyond a reasonable doubt.” Furthermore, the decision is left to the judge alone to make. That is why it is extremely important to get in touch with an experienced Phoenix criminal defense lawyer as soon as possible.
Penalties for Violating Probation
In Arizona, common punishments for those found guilty of a probation violation may include:
- An extension of the probationary period
- Revocation of probation
- Counseling or treatment programs
- Jail or prison time
- Community service
- Electronic monitoring
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.
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Contact Our Probation Violation Lawyers Today
We understand that being accused of a probation violation doesn’t mean that you are a bad person or that you are guilty. You have a right to defend yourself against these charges. Suzuki Law Offices has successfully represented countless individuals accused of violating the terms of their probation in Phoenix and throughout the state of Arizona.
We pride ourselves on offering our clients trusted, dedicated, fearless advocacy that is focused on their best interests. As former prosecutors, we have found that our experience on the other side of the law has made us better prepared and more effective as defense lawyers, both inside and outside of the courtroom. See for yourself by speaking to our probation violation attorneys in Phoenix today.
Understanding Probation Violations
What Does a Revoked Probation Mean?
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 includes 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.
Probation Violation Hearing
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.
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.