What is an Arizona Probation Violation?

Probation is a program allowing defendants who plead guilty or are convicted of crimes to serve all or part of their sentences outside of jail or prison.  The courts and probation officers take probation very seriously. A person on probation must comply with any rules and regulations assigned to them to remain outside of jail or prison.  

A probation violation occurs any time a person ignores, avoids, refuses, or otherwise breaks the terms or conditions of their probation at any time during their probation period.  The typical probation period is one to three years, but probation can last several years depending on the original crime.  

Common Probation Violations 

While each person’s probation contains terms specific to their situation, some terms are typical to every probation.  This leads to common probation violations, including, but not limited to: 

• Commission of a new crime;
• A missed or failed drug test;
• Consumption of alcohol;
• Failure to maintain steady employment;
• Possession of a firearm;
• Not attending school;
• Failure to attend or complete ordered counseling services;
• Associating with past acquaintances or those with criminal records;
• Staying at an unapproved residence;
• Unapproved out-of-state travel;
• Missing curfew;
• Removing electronic monitor;
• Failure to perform community service; 
• Failure to check-in with a probation officer; 
• Failure to appear at court; and
• Failure to pay fines and costs.

What Happens if I Violate the Terms of My Probation? 

If a person violates their probation, the probation officer can either warn that person or request the court file a petition to revoke probation.  This is a formal document detailing when, where, and how a probation violation or violations took place.  Any proven probation violation may result in jail or prison time.  

Probation violation hearings are different than traditional criminal trials.  They afford far fewer rights to a defendant, including the right to a speedy trial by one’s peers.  These hearings also allow hearsay evidence meaning testimony about what another person said to a witness or parole officer.

If found not guilty by the judge of any probation violation, the defendant is released and returned to probation.  If, however, the court finds the defendant guilty, there is a sentencing hearing shortly after the probation revocation hearing.  

The judge may order any of the following at a probation revocation sentencing:

• An extension of probation;
• Imposition of additional or new terms of probation;
• A brief jail sentence or time served; or
• A revocation of probation and imposition of the remaining time of the original sentence.

The most common sentence is jail or prison time.  However, no penalty may exceed statutory maximums. 

If you face probation violation charges or fear you are in the future, contact Attorney Younglove right away.  Attorney Younglove is an experienced criminal defense attorney who will defend and protect your legal rights before and during a probation revocation hearing or any other criminal matter.  

Attorney Younglove will start your case right away to afford you the best chance for a positive outcome.  Do not hesitate to reach out to Younglove Law.