Phoenix Probation Violation Attorney
Violating probation in Arizona can lead to jail or prison time, depending on the offense's severity and the number of occurrences. It is crucial to understand the potential consequences, even if the violation appears minor. The prosecutor only needs to prove their case by a majority of the evidence, which is a lower standard than beyond a reasonable doubt. Therefore, whether or not you completed the probation terms becomes the primary factor in your future sentencing.
If you or someone close to you has breached their probation in Arizona, it is crucial to immediately seek the assistance of a skilled attorney to avoid facing additional charges. Bala Legal Services, led by attorney Adithya Bala, is dedicated to protecting your rights and providing the legal support you need. Contact our firm now to arrange a free consultation to explore your legal options.
What is Considered Probation Violation in Arizona?
Whenever a person breaks the rules set by the judge during their probation, it constitutes a probation violation. These rules outline what actions are permitted or prohibited and must be observed throughout probation.
Different types of probation violations exist depending on the terms of your probation, including but not limited to the following:
- Engaging in criminal activities
- Failing to take a drug test, testing positive, or providing a diluted sample
- Consuming alcohol when your probation prohibits it
- Contacting someone with who you were instructed not to communicate with
- Not completing required counseling
- Falling behind on court fines, fees, restitution, or community service
- Tampering with any monitoring device
- Failing to report to the judge or probation officer
- Failing to appear in court as scheduled
- Neglecting to pay court fines or fees
- Failing to comply with a court order
Failing to address a probation violation can result in jail time, heavier fines, stricter probation terms, increased community service hours, and other penalties. In that case, it is critical to seek the advice of an experienced Phoenix probation violation lawyer or criminal defense attorney as soon as possible.
Penalties for Probation Violation in Arizona
Depending on the severity of the probation violation, different penalties can result from legal proceedings. Here are some of the consequences you may face when you violate your probation:
- A strike on your record: This is typically reserved for minor infractions and serves as a warning to the probationer to improve their behavior. However, this penalty is only possible if the probation office refrains from immediately reporting the violation to the court. Building a strong relationship with your probation officer can help reduce the impact of small mistakes.
- Immediate imprisonment: In the event that a judge revokes your probation due to a criminal offense you committed, your period of incarceration will encompass not only the time for the probation violation but also for the underlying offense that led to the imposition of probation.
- Probation revocation: This penalty triggers the legal process outlined in Rule 27.8 of the Arizona Rules of Criminal Procedure. The court will thoroughly investigate your actions to determine the appropriate course of punishment.
Activation of the original sentence: Although this decision often involves a lengthy process, probationers who violate the terms and conditions of their probation always risk having their original sentence imposed.