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People often feel lucky when a judge sentences them to probation rather than jail or prison, but probation is not a pass. The terms of probation are often challenging. If you do not comply with all the judge’s orders, you could be incarcerated. A trusted criminal defense attorney knows what to do in this case.
You are required to meet the terms of your probation, but a mistake or temporary relapse into old bad habits does not necessarily mean you will be kicked off probation and into a cell. Our Gilbert probation violation lawyers at Grand Canyon Law Group sometimes can negotiate a second chance. Call us now to learn if this applies to you.
Probation is a tool the courts use to help someone learn to make better choices. It offers an offender the chance to serve their sentence without being confined, but the conditions of probation are supposed to be difficult.
Some forms of probation are more burdensome than others, but all probation programs intend to provide offenders with skills and support to help them avoid the criminal justice system going forward.
First offenders convicted of misdemeanors might receive unsupervised probation. They need to complete the tasks the judge assigned, but they do not have to meet periodically with a probation officer.
Most offenders receive supervised probation. The offender must meet periodically with their probation officer who monitors their compliance with the rules the judge sets and their progress toward the tasks they must complete as conditions of probation.
Arizona Revised Statutes § 12-914 calls for intensive probation for some felons and probation violators. The law directs that intensive probation be available for offenders with high needs and high risks. Offenders sentenced to intensive probation must meet regularly with their probation officer and participate in programs and services directed toward their specific needs. Call us to learn more.
Probation officers usually categorize probation violations as technical or substantive violations. The category of violation often determines whether the probation officer reports the violation and how the court responds if they do. However, in either case, both the probation officer and the judge have discretion about how to handle a violation.
Technical violations are serious, but probation officers are often willing to work with an offender to correct the problem. Examples of technical violations are missing curfew, not showing up for a class or therapy appointment, or failing to pay a fine. Substantive violations usually involve being arrested for another crime while on probation.
Our trusted and community-focused Gilbert attorneys can speak with a probation officer and ask them not to issue an arrest for a probation violator, especially if the offense is a technical violation. However, if the offender has had several technical violations, the probation officer is less likely to be lenient.
Either a probation officer or a judge can issue a warrant for a probation violation. Once arrested, offenders are not eligible for release or bail until they have had an arraignment, which must happen within seven days of the arrest. If the offender denies the violation at the arraignment, the judge will set a hearing date between seven and 20 days after the hearing.
A prosecutor needs to show that it is more likely than not that someone violated their probation. If the prosecutor proves their case, the judge could extend probation, add new conditions, or revoke probation and send the offender to prison or jail.
Anyone appearing in court for a probation violation should contact one of our Gilbert attorneys immediately. We can often negotiate a solution that preserves the offender’s probation and keeps them out of jail.
Probation is tough, and it is common for people to have technical violations. In most cases, a violation does not mean you end up in jail—although it does happen if you are not careful.
Reach out to our Gilbert probation violation lawyers to get help making your case to your probation officer or a judge. Grand Canyon Law Group can help you stay in the good graces of the court.
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