Probation Violation

Probation violations often occur due to misunderstandings and mistakes in judgment even with the best intentions. If the court finds you willfully violated the terms of your probation, you may end up receiving the maximum sentence for the original underlying crime.

Description

Violations of probation can be categorized in two ways:
  1. A technical violation in which you are alleged to have violated a technical condition of your probation, such as paying fines, performing community service, meeting your probation officer, etc.
  2. A substantive violation in which you are arrested for a violation
Common probation violations:
  • Failure to appear at scheduled court hearings
  • Failure to pay fines
  • Failure to report to a probation officer
  • Violating specific probation terms
  • Illegal substance possession
  • An arrest

Potential outcomes

Jail time and prison are possible consequences if you were originally facing those sentences before receiving probation.

Regardless if the person was guilty or not guilty of the original charge, when a violation of probation has been committed, the prosecutor no longer needs "beyond a reasonable doubt". A preponderance of evidence is all that is needed.


What To Do

Probation violation is a very time-sensitive charge and an attorney should be contacted immediately. If you believe your probation officer is going to accuse you of a probation violation, contact an attorney immediately so you know how to best protect yourself against the allegation.

Typically, after an Arizona probation offer makes an allegation of a probation violation, a judge will sign a warrant for your arrest. Your attorney can contact the probation officer before an arrest warrant is issued and request time to help you come into compliance with the terms of your probation.

If you have violated your probation, don't quit working on your conditions, such as community service. When you and your attorney are in front of a judge, the judge will see you demonstrating an eagerness to fulfill your obligations.

What an attorney can do

By providing an attorney with ample time before a probation violation hearing, an attorney can work with the prosecutor to review the circumstances of why the violation occurred and work towards a favorable resolution.
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