Rather than imprisoning everyone convicted of a criminal offense in Arizona, state authorities often impose terms of probation against defendants instead. This allows convicted individuals to continue living and working as usual while adhering to strict rules and restrictions outlined under state law. Anyone who breaches the terms of their probation may face the full term of jail or prison time they could have initially been sentenced to, as well as additional consequences.
Being accused of a probation violation is a serious matter. Contacting a seasoned defense attorney as soon as possible can be vital to protecting your long-term interests. At Grand Canyon Law Group, a Tempe probation violation lawyer could assess your situation, walk you through options for resolving the issue, and work diligently to secure a favorable resolution in your case.
Arizona Revised Statutes §13-901 is the section of state law that gives courts the authority to assign probation to a convicted criminal defendant instead of incarceration. This statute also sets out several rules courts must follow when assigning probation. A.R.S. §13-902 further establishes specific periods for probation based on the defendant’s underlying offense, ranging from one year for a class 3 misdemeanor to seven years for a class 2 felony. Unique terms of five or ten years may be assigned specifically for DUI offenses. If convicted of a felony sexual offense, Arizona courts have the power to place a person on probation for their lifetime.
Courts in Tempe and throughout Arizona have substantial leeway regarding the specific terms for an order of probation. For example, a person may be required to make regular and truthful reports to a probation officer or avoid communicating with a specific person. Several general terms of supervised probation broadly apply to most probation orders, including:
A Tempe probation violation attorney could provide more information about the specific terms in a defendant’s order.
The specific procedures and penalties that follow a probation violation in Tempe can vary based on the severity of the violation and what kind of offense led to probation being established in the first place. For example, missing mandatory drug or alcohol testing may be a more serious issue if the underlying offense was related to drug or alcohol abuse than it would be for a different type of charge.
As a seasoned lawyer at our firm could further explain, the standard for establishing a probation violation at a revocation arraignment hearing is substantially lower than the “beyond a reasonable doubt” standard for criminal trials. If the court finds that a violation did occur, they can impose various sanctions in response. For instance, the court may add terms to the original probation order, extend the length of time that order will last, or even reinstitute the term of incarceration that probation was supposed to replace.
Violating probation can significantly impact every area of your life. No matter what circumstances led to these accusations, understanding and proactively protecting your legal rights is crucial to preserving your future.
A capable Tempe probation violation lawyer could be a vital ally throughout these sensitive and high-stakes proceedings. Call Grand Canyon Law Group today for a private meeting.