AZ Criminal Lawyers
Defending Probation Violations

Phoenix Probation Violation Defense Lawyers
Fighting for Your Rights

When someone is convicted of a crime, there are certain situations in which the convicted defendant will be provided with an opportunity to avoid either all or part of a prison sentence by agreeing to serve time on probation. There are other circumstances in which a convicted defendant is required to serve a period of probation after being released as scheduled. Regardless of the circumstances, anyone who is accused of violating the terms of his or her probation faces a serious problem.

Below you’ll find information regarding why and when probation tends to be granted to a defendant, examples of conditions contained in a probation agreement, examples of violations of probation agreements and the potential consequences and finally how you should proceed if you or someone you love needs the help of an Phoenix probation violation defense lawyer.

Arizona Probation – When and Why It’s Granted

There are many reasons as to why probation will be granted to a defendant in Arizona. One of the public policy reasons that influences this situation overall is the fact that prisons are badly overcrowded, and the criminal justice system has an interest in lowering the prison population on the whole.

Generally, a defendant could be granted probation when he or she has been convicted of a crime for the first time. It’s also more likely for probation to be granted when the defendant has been convicted of a nonviolent crime. Finally, probation can be offered either at the time of the original sentencing or before a matter even gets to court if a plea bargain is achieved between the Arizona criminal defense lawyer and prosecutors.

Conditions Contained in an Arizona Probation Order

If probation is granted in Arizona, the document or order that governs the situation usually contains a high number of conditions that the defendant must strictly adhere to in order to avoid the risk of being charged with violating the terms of probation. Generally, these conditions are geared towards the nature of the offense for which the defendant has been convicted, but there are terms that are quite common.

Examples of these common conditions include a regular reporting schedule to the defendant’s assigned probation officer, maintaining current contact information with the probation office, staying out of additional trouble, avoiding illegal substances or weapons and showing an honest pursuit of gainful employment. Obviously, there are innumerable conditions that could be included in a probation order, but the bottom line is that the defendant must never violate any terms of this order in order to stay out of jail.

Examples of Arizona Probation Violations

As stated above, every probation order could contain unique provisions that must be followed in order for the defendant to avoid additional exposure to criminal penalties. However, there are certain acts that could be committed that would constitute a violation of Arizona probation in almost every case, and examples of these common violations appear below.

Failure to Appear at a Court Hearing

Just because a person is granted probation, it does not necessarily mean that his or her schedule of court appearances is over. In fact, it’s common for follow-up hearings to occur depending on the circumstances of the case. If the defendant does not appear for a hearing, a warrant will be issued for arrest.

Failure to Pay a Fine

Many crimes in Arizona entail the payment of a fine as part of the penalty imposed by the court. If a person is granted probation he or she is usually expected to either pay the fine imposed or to make regular payments if necessary. Failure to make these payments can result in the revocation of probation.

Failure to Report to the Probation Officer

Everyone on probation is assigned a probation officer, and that person is required to keep regular appointments and contact with that probation officer so that law enforcement can track the person’s overall progress. Failing to keep these appointments can result in revocation and an arrest.

Possession of Illegal Substances

Most people placed on probation are required to refrain from possessing or even using illegal substances. If someone on probation is caught with controlled substances or even an unauthorized weapon, it could result in immediate revocation and an additional arrest.

Another Arrest

If the person on probation is arrested for an additional crime, the defendant will not only face the penalties associated with that new crime but can also be required to serve the rest of the prison term associated with the original crime.

How An Arizona Probation Violation Lawyer Can Help

Basically, a violation of any of the terms of a probation order can result in immediate arrest and incarceration for the full term of the conviction of the original crime. If you face this situation, you owe it to yourself to seek the help of the experienced Phoenix probation violation lawyers at David Wroblewski & Associates. Contact the firm immediately to schedule a consultation.