Many people who are facing the possibility of sentencing from a criminal conviction view probation as the best alternative given the more restrictive alternatives which are jail, prison, or home detention. While probation is less demanding of your time as compared to wearing an ankle monitor, there are serious consequences for violating the terms of probation. If probation is a term of your sentence, it is very important to understand the complexities of following every term so that you do not receive a probation violation. If you do receive a probation violation, it is very important that you do not try to fight this alone. An experienced Arizona criminal attorney will help you navigate this process.
If you are convicted of a crime, you could receive probation as a term of that sentence pursuant to 13-901. If you are sentenced to complete probation by the court, you will know that by the terms of your sentence which will be outlined in a signed plea agreement or upon a finding of guilt at trial by judge or jury. In Arizona, there are three different types of probation that you could be sentenced to: unsupervised, supervised, or intensive probation. In addition to the type of probation, the probation department will ensure that you comply with any additional court orders such as anger management counseling, curfews, and pay any fees, fines, or restitution. Failure to comply with any term of probation can result in a violation being filed with the court.
Unsupervised probation is the least restrictive type of probation that you could have. If you are sentenced to unsupervised probation in Arizona, you are not required to report to any probation officer but you are placed on unsupervised probation as a reminder that you need to stay out of trouble for the specified period of time while you are on probation. If you do not violate the terms of the unsupervised probation then your probation will be terminated upon completion of the probation term. If you do violate the terms of unsupervised probation, such as by picking up a new case, then you could face jail time up to the time period that you were sentenced to probation.
Supervised probation requires more accountability through regular check ins with an assigned probation officer. The way that this works is that once you are convicted of an offense and placed on supervised probation, you will receive an assigned probation officer. That assigned probation officer will require monthly meetings as they see fit. Generally speaking, the additional conditions depend on the type of crime that you were convicted of. For example, if you are placed on supervised probation for a drug crime, you will likely be required to take mandatory drug tests. Failure to either report for the drug test or testing positive for drugs are two types of violations can come from this.
Intensive Probation is the final type of probation that you can be placed on in Arizona. This type of probation is the most strict of the three and requires much more supervision based upon the conviction of a more serious offense. With more supervision, it is easier to miss a step and receive a violation.
The process for a probation violation is different from being charged with a crime. A probation officer is usually the one who informs the court that there has been a violation of a term of probation. A probation violation can be simply not meeting with your assigned probation officer to being charged with a new crime. Missing a scheduled appointment is a very easy type of violation to commit as life is very busy and things get rescheduled. However, picking up a serious violent crime could result in the court issuing a warrant for you to go into custody right away. If the court deems the violation to be minor, the court will set a date to inform you that the probation officer has filed a notice of violation. You are entitled to an attorney, and you should not just admit the violation. It’s also important to remember that anything you say to your probation officer or the court regarding any allegations within the pending violation, can and will be used against you as evidence of guilt.
After a violation is filed and you have had a hearing to learn about the violation, the judge will set a few pretrials to give you the time to talk to an attorney. Within a couple of months, the judge will set a probation violation hearing, which is similar to a mini trial, where if you don’t admit to the violation the probation officer and prosecutor will present evidence to the court of why you are guilty of the violation. This is very important because the standard to prove your guilt in a probation violation case is lesser than in a criminal case as the State usually just has to have your assigned probation officer testify about how you violated. A probation officer is a sworn officer of the court. The ultimate conclusion is that you can be found to have violated the terms of your probation and the judge add more conditions or your probation can be revoked to jail time.
It is very important that you remember that you are entitled to an attorney, and you should not just admit the violation. If you admit the violation, the judge has open reign to sentence you to any portion of the total probation sentence that you initially received. This means that if you received one year of probation and at six months received a violation, if you admit, you are still facing one full year of jail time. The way that the court looks at probation is that it is the least restrictive sentence. So if you violate a term of probation, the court will want to enhance your restrictions.
There are many people who admit to violations or crimes just to get it over with, but an experienced Arizona criminal attorney will know what type of sentence you are facing upon an admission to the violation based on having practiced in the court and knowing how the judge sentences people. Each judge is very different, but an experienced Arizona criminal attorney will know how the judge rules and will guide you through the process.
Additionally, an experienced Arizona criminal attorney can work out a deal with the State or probation officer to outline your punishment prior to admitting to any violation. As with anything in life, it is better to know upfront what your punishment is and be able to agree to it, than to admit hoping for the best. Especially with your life and the possibility of jail time, this could disrupt your entire family and cause you to lose a job.
In sum, probation violations are very serious and you should not try to handle this complicated process alone. Please contact an experienced Arizona criminal attorney to guide you through any probation violation.