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Glendale Probation Violation Lawyer

Glendale probation violation attorney Craig Orent knows Arizona criminal law inside and out. He has worked as a prosecutor and a public defender and brings to the table decades of experience handling criminal cases of all types.

Arizona grants some defendants probation instead of sending them to prison if the crime is relatively minor and the defendant seems to be a good risk for staying out of trouble while completing the probation term. This allows the defendants to remain free in the community, serving the interests of the defendants, who get to continue their lives as usual and avoid confinement, with all the potential problems that entail. It also serves the interests of society, who avoids the considerable costs associated with long-term prison confinement.

These benefits have to be balanced against the possibility that the defendants may commit new crimes while on probation, however. That’s why probation is not granted to people convicted of violent crimes, crimes deemed especially serious regardless of violence, and repeat felonies.

Probation is a prominent part of criminal justice in Arizona. Official statistics from the 2016 annual report of the state’s adult probation services report that there were 39,792 Arizona probationers under direct supervision at the end of the year. Of those, just over 60 percent were in Maricopa County. Other statistics show that there were another several thousand juveniles under direct supervision (over 2,200 in Maricopa County in 2015).

Probation Conditions

Arizona has a host of general probation conditions that are imposed on all probationers. These include:

  • Obeying all laws and avoiding any criminal activity (even a small marijuana possession charge could violate probation).
  • Refraining from possession (and control) of firearms, ammunition, all deadly weapons as defined by the law, and stun guns and tasers
  • Reporting all contact with law enforcement officers to the probation department, generally within 72 hours of the contact
  • Submitting to searches by the probation department of both the probationer’s person and property without the need for a search warrant
  • Reporting to the probation department, generally within 72 hours of sentencing or of release from any facility, and continuing to report thereafter as directed by the department
  • Keeping the probation department informed as to compliance with probation department goals and directives
  • Getting probation department approval of the probationer’s residence and any change of residence
  • Giving the probation department access to the probationer’s residence
  • Remaining within the geographic area specified unless written permission to travel is obtained

Virtually any other condition may be imposed that does not violate the defendant’s constitutional rights. Continued employment and performance of community service and/or restitution to victims are common conditions.

Consequences of Violations

Violation of any probation conditions can result in a hearing to revoke it, but in practical terms, minor violations are often resolved with simple warnings or other informal actions. An experienced attorney can help immensely in keeping these violations from becoming serious matters.

When the violation is deemed serious enough, a formal hearing is set to determine whether there was, in fact, a violation. If the probation officer succeeds in establishing that a violation did occur – again an experienced defense attorney can be invaluable in refuting that claim – another hearing is set to determine what the consequences should be.

There are three possible outcomes of that hearing:

  • Continuation of the probation under the original conditions
  • Continuation of probation but under modified conditions and/or an extended term of probation
  • Revocation of probation, and incarceration, usually for the term that was imposed or would have been imposed at the time of the original conviction

Official Arizona probation statistics indicate that in 63 percent of all standard probation revocation procedures during 2016, the probationer ended up not being incarcerated.

Get Legal Help when Facing a Probation Violation Charge

A claim that you violated your probation can be the first step to losing your freedom. If the violation consists of committing another crime, you are at risk of both jail time for the original offense and an even stiffer sentence if found guilty of the offense committed while on probation.

Even worse from the probationer’s point of view is that the state only has to prove that you violated probation by a “preponderance of the evidence,” not by the more stringent standard of beyond a reasonable doubt. The sooner you involve an experienced Glendale criminal defense attorney, the better your chances that the case can be worked out without the need for a revocation hearing, and that even if a hearing does take place, your probation will simply be continued or modified rather than revoked.

A Board-Certified Specialist in Criminal Law, Craig has received multiple awards and recognition for excellence and is considered one of the nation’s top criminal defense attorneys. Whatever the stage of your probation violation case, call today and begin the fight to maintain your freedom.

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