If you violate the terms of your probation in Arizona, you are at risk for going to jail. If the individual violates any of the terms of their probation, such as failing a urinalysis test when they are sentenced due to a drug violation or being found with a gun on their possession, the probation officer may then file a petition to revoke probation. On top of that, the probation officer can issue a warrant for the individual’s arrest at any time. Afterward, the defendant is arrested and held without bail until the proceedings regarding the probation violation is complete.
When the individual is arrested and held without bail, it means they are non-bondable and that no amount of money will get them released from jail. The only way a defendant in this situation can be released before the probation violation proceedings are done is if the judge chooses to release them based on their own recognizance. However, this is a very rare occurrence that requires an exceptionally skilled Arizona probation lawyer’s expertise.
If a person is found to have violated their probation, the first court date is the Probation Violation Arraignment. The defendant is expected to deny violating their probation or the case will be set over for a Probation Violation Hearing. In most instances, the individual is advised by their Arizona probation lawyer to admit their guilt because the evidence is plain and it will speed the proceedings along. The attorney will have already discussed the situation with a probation officer about devising a Probation Violation Disposition. When that occurs, there is a chance to have the Probation Violation Arraignment and Probation Violation Disposition take place at the same time. Typically, it results with the defendant being released faster and going back to standard probation or intensive probation.
If there is no agreement on a disposition following a Probation Violation Arraignment, a Probation Violation is then held. The prosecuting lawyer typically brings forth witnesses who will testify to the terms of probation being violation. Generally speaking, it is difficult to win in such hearings because hearsay evidence is allowed. The probation officer is even allowed to repeat what others have reported that can constitute a violation. The defending attorney can bring in witnesses as well who can testify on behalf of the defendant.
A Probation Violation Disposition is generally the same as Sentencing for a probation violation. The judge can choose to revoke probation and give the defendant a prison sentence based on information found in the plea agreement or a sentence range that was included in the original sentencing. The judge can also reinstate the individual to probation again with the same terms as previously, by adding more terms or placing them on intensive probation, which is a much more strict type of probation. In this case, the defendant is required to stay at home when they are not at work and must contact a surveillance officer every day when leaving for work or leaving work for home. A surveillance officer will also occasionally appear at the individual’s home to monitor them or demand a test to determine whether they have again violated the terms of their probation.
An Arizona probation lawyer can use several tactics for defense in cases relating to probation violations in Arizona. Miranda rights violation, denial of right to counsel and forensic flaws are very common. Occasionally, there can also be the defense relating to falsification of evidence that stems from doctored police reports.
DM Cantor has helped many clients over the years with different types of probation violation cases. If you would like to speak with a lawyer about your specific case, please give us a call at (602) 307-0808 or send us a confidential email to schedule a free consultation.