Probation Violation

An accusation of a probation violation can put an individual in a situation that can make it difficult to protect your rights and freedom, considering that prosecutors will be very hard on this offense. In many cases, the prosecution will take the position that you were already given a chance to prove yourself, but failed to do what was required by the court of law. This will likely come with harsh penalties that may be harsher than those provided for the underlying offense.

In probation violation cases in Arizona, hiring a competent and well-informed criminal defense attorney is necessary to put you in a favorable position with regard to the charge at hand. Not taking the steps needed to clear your name and get you back on track can brings with it potentially result in immediately going to jail. Although probation is a difficult process for anyone, it is a much better option than spending time paying for your alleged crimes in a jail cell. If you have allegedly violated your probation for any reason, it is important to provide yourself with the legal counsel necessary to keep from dealing with the much worse option of going to jail or prison.

In many cases that involve a violation of probation, you may have options besides facing serious punishments and repercussions. If an acceptable explanation as to why a probation violation has occurred is available, the court may decide to either simply continue the probation with the possibility of additional terms, or place you on intensive probation rather than require you to face immediate jail time. A criminal defense attorney familiar with the Arizona Court System, probation department, and the prosecution's approach to these violations, is your best defense against the allegations that have brought against you. The ultimate goal in this situation is to have your probation reinstated and to avoid jail time.

If you or a loved one has been accused of a probation violation in the state of Arizona, and particularly in the cities of Scottsdale, Gilbert, Mesa, Tempe, Chandler and Phoenix, the Law Office of James E. Novak has the experience and legal understanding to help you. After a decade of work defending individuals in Maricopa County, along with being a former state prosecutor, James Novak has the knowledge, legal resources and developed perspective to provide capable counsel to those accused of violating their terms of probation. Call (480) 413-1499 today to schedule a free consultation to discuss your case, or send an online message.

• Definition of Probation and Probation Violation in Gilbert
• Possible Probation Violations in Mesa
• Penalties for Violating Probation in Chandler
• Resources for Chandler Probation Violation

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The Arizona Revised Statutes provide information on the various aspects of probation. According to ARS §13.901:

• If a person who has been convicted of an offense is eligible for probation, the court may suspend the sentence and place the person on intensive supervised probation or unsupervised probation on such terms that the law requires and the court deems appropriate.

With regard to the length of probation, ARS §13.902 states that, unless terminated sooner, probation may continue for the following periods:

• For a class 2 felony – up to seven years
• For a class 3 felony – up to five years
• For a class 4 felony – up to four years
• For a class 5 or 6 felony – up to three years

If you are put on probation for a misdemeanor charge, the requirements will most likely be the following:

• For a class 1 misdemeanor – up to three years
• For a class 2 misdemeanor – up to two years
• For a class 3 misdemeanor – up to one year

If you do happen to violate the terms of your probation for any reason, ARS §13.901states that the court, in its discretion, may:

• Issue a warrant for the rearrest of the defendant on probation, and/or
• Modify or add to the conditions of probation set forth when first ordered.

If the defendant commits an additional offense or violates a condition of probation, the court may revoke probation at any time before the expiration of the period of probation. If the court revokes the defendant's probation and the defendant is serving more than one probationary term concurrently, the court may sentence the person to terms of imprisonment to be served consecutively.

Additionally, if the defendant violates the terms of their probation, they can be sentenced to serve the maximum jail or prison time for the offense that lead to the probation.

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Although a probation violation may arise because you have recently committed a new offense, there are a variety of situations where you may have violated the required terms to your probation. Some of these situations can include, but are not limited to:

• Positive drug or alcohol tests;
• Failing to attend required treatment programs, courses or AA meetings;
• Failing to pay the fines and fees required as a part of your probation terms;
• Not reporting to your probation officer on the correct date and/or time;
• Failing to report if you have changed addresses during the probationary period (particularly for those convicted of certain sexual offenses that require registration);
• Leaving the city, county, or state, without obtaining permission from the courts or probation officer;
• Contacting someone who has an order of protection against you; or
• Possession of firearms.

Even though many of these are direct violations, there are often acceptable explanations as to why the violation occurred. Having a probation violation defense lawyer can develop this argument in a way that can put you in a favorable light when pleading your case to the court.

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There are various penalties for probation violation, with judges having a broad discretion to impose jail sentences or other punishments. Some of the lighter penalties for violating your probation are:

• Community service
• Rehab
• Additional programs or classes

If the individual on probation continues to violate their terms or commit another serious crime, the judge may require you to:

• Pay large fines
• Jail time

The judge may also revoke your probation altogether and require you to serve the remaining terms of your original sentence in prison

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Arizona Department of corrections – This site offers information on the department of corrections and its duties. It also allows for the status of specific offenders, department policies and the prison complexes themselves. The main address for the ADC is:

Central Office
1601 W. Jefferson
Phoenix, AX 85007

Arizona Revised Statutes – This website contains information on the laws concerning probation in the state of Arizona. The particular section that focuses on probation can be found in Chapter 9 of the ARS.

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A probation violation can complicate your current probation or add to the criminal charges you are already facing. A violation of probation requires the help of someone capable of understanding Arizona’s probation laws and who can provide you with informed counsel. James Novak, of the Law Office of James E. Novak is well-versed on issues relating to probation violations in Maricopa County and has the resources to help put you in a favorable position with regards to your case.

If you have been accused of violating the terms of your probation, take the steps necessary to clear your name and continue working towards your goal of completing your probation. The Law Office of James E. Novak provides free consultations for clients, so call (480) 413-1499 to schedule an appointment or send us an online message.