Receiving an order of probation rather than jail or prison time is a relief for many. However, if you do not act appropriately and fail to fulfill your probation conditions, you may find yourself facing more legal problems.
If you have been accused of violating the terms of your probation, there is still hope. Contact an experienced attorney at Grand Canyon Law Group to advise you on the next best steps to take. We can make the difference of a positive or a negative outcome in your situation. A Mesa probation violation lawyer can explain your side of the story and protect you from added consequences. You have a way of life worth defending, so do not hesitate to reach out and get the dedicated legal representation you need.
When the court orders probation, the convicted individual is allowed back into the community with certain restrictions and obligations. They remain under the supervision of a probation officer with whom they must periodically check in. Building a rapport with your probation officer may help this managed period go more smoothly, and they may give you the benefit of the doubt if any problems arise.
Arizona Revised Statutes § 13-901 empowers judges to give probation in certain circumstances. Probation periods and the fines or restitution assessed vary depending on the crime, as outlined in Az. Rev. Stat. § 13-902. The court may assign additional obligations or terms, such as relinquishing firearms, based on the facts of the case or the defendant’s circumstances.
A probationer’s failure to understand and adhere to their sentencing obligations may amount to a violation, regardless of whether it was an accident or on purpose. However, if the reasons or explanations for why a person failed to comply are appropriate, they could persuade the judge to allow them back on probation. Individuals may receive notice of their violation during a meeting with their probation officer or by receiving a petition to revoke their probation. Alternatively, a probationer could be arrested according to a warrant based on probation non-compliance.
Common accusations include:
For minor transgressions, probation officers may be more forgiving and give the probationer a second chance to abide by the terms of their sentencing. In any scenario, our skilled attorneys can work with probation officers and help resolve the situation before the court is informed of any missteps.
Notifying the court of an infraction triggers review under the Arizona Rules of Criminal Procedure. This process starts with an arraignment where the court notifies the probationer of the alleged violations. If the individual does not admit to the misconduct at this point, the court will hold another hearing to evaluate the allegations. Afterwards, the court will convene a final hearing advising the probationer of the outcome and any additive penalties.
Judges possess broad discretion when imposing probation violation punishments. These could include:
Given the various scenarios that can play out, a probationer subject to a violation hearing should seek the representation of a seasoned litigator at Grand Canyon Law Group to aggressively argue their case. Our lawyers deeply understand the court systems in Mesa and can work to minimize the consequences of an accusation of violating probation.
As with any criminal allegation, the steps you take immediately after could make the difference in the outcome of your case. If you are charged with failing to abide by your probationary terms, speak with a skilled attorney as soon as possible to avoid unnecessarily harsh sentencing. By hiring a Mesa probation violation lawyer, you gain the knowledge and experience that may make the difference between remaining out in the community or serving time behind bars. Contact us as soon as you can to discuss your situation.