What is the Penalty for Violating Your Arizona Probation?
After serving your sentence for a specific crime, you will get out and be on probation for a certain period of time. A violation of the probation is a serious criminal offense that will probably have consequences. What can be reason for penalty for violating your Arizona probation?
It’s incredibly important to stick to the terms of the probation. Some of the most common conditions may include refraining from the consumption of alcoholic beverages or illegal drugs, communicating with a probation officer frequently and not possessing a weapon. Any aspect of the probation that isn’t adhered to will be considered a violation.
Violation Probation Definition in Arizona
A few examples of violation probation have already been mentioned but in Arizona, there are several other circumstances that have to be examined. Depending on the specifics, any of the following could constitute a probation violation:
- A failure to appear to all scheduled court sessions
- A failure to pay fines imposed by the court as a part of the sentence
- Poor communication with a probation officer, no information about current whereabouts
- Traveling out of state
- Visiting places and specific people without initially obtaining the approval of a probation officer
- Using or selling illegal drugs
- Committing a crime
- Getting rid of a security or a monitoring device
Depending on the violation and its severity, the court may decide to impose appropriate penalty for violating your Arizona probation. Usually, the probation officer will be contacted to express their opinion and the severity of the violation will be examined. The court will also take a look whether the offense is a first one or if the individual has a previous history of probation issues.
As soon as a probation violation occurs in Arizona, the court may decide to issue a warrant for the arrest of the perpetrator.
Some of the most common penalties in this situation include the imposition of new conditions to the ones already a part of the probation and revoking of the probation in exchange for prison time.
The original sentence could also be invoked if the violation is serious enough.
Usually, people who commit such a violation for the very first time and the offense isn’t violent in nature will get a relatively small penalty for violating your Arizona probation. It could come in the form of a warning that is delivered by the probation officer.
Whenever the probation officer believes that the offense is a severe one, however, the situation is going to be completely different. In such a situation, a revocation of the probation will probably occur. The terms and conditions for the revocation of probations are listed in the Arizona Revised Statutes Criminal Procedure Rule 27.8.
The revocation is the most serious outcome resulting from a probation violation. According to Arizona Revised Statutes 13-901, a person who is on a lifetime probation may be imprisoned for whatever period of time the court deems appropriate. Alternatively, the imprisonment could be for a period of up to one year.
What to do if You’re Charged with a Probation Violation
If you are dealing with a probation violation, this means additional criminal offense charges. In such an instance, it will be imperative to turn to an experienced criminal defense attorney who will give you a better idea about the situation and the charges you’re facing.
An arrest warrant will usually be issued and you’ll also be required to appear in court. At the hearing, the defendant may either admit the violation or defend it. If the defendant doesn’t admit to a probation violation, a violation hearing will be scheduled.
The probation officer will usually be summoned during the violation hearing to provide details about the scope of the offense. Based on this information, the court will rule out if a violation has occurred and if this is the case, a disposition hearing will be scheduled for the purpose of issuing the final outcome.