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Phoenix Probation Violation Lawyer

Phoenix Probation Violation Lawyer

Probation gives you the chance to avoid jail time or a harsh sentence. If you were accused of failing to comply with the terms of your probation in Phoenix, AZ, it’s important to contact an experienced Phoenix probation violation lawyer as soon as possible. At Orent Law Offices, PLC, we know how to build the aggressive legal defense you deserve.

Our lawyers have over 30 years of experience handling complex criminal cases. We can help you minimize the consequences of any allegations that you violated your probation.

Probation violations can be frightening. If you’re facing a probation violation charge, call our law firm in Phoenix, Arizona at  (480) 656-7301 to schedule a free consultation immediately. 

How Orent Law Offices, PLC Can Help if You Were Accused of a Probation Violation in Phoenix, AZ

The consequences of violating probation can be serious. If you’ve received notice that you violated probation, you deserve an aggressive advocate who will fight for you.

Our legal team at Orent Law Offices, PLC is led by a former prosecutor who knows how probation officers think. With our Phoenix criminal defense lawyers in your corner, you can rest assured that your PO will take you seriously.

Hiring us means you’ll have a respected lawyer to:

  • Help you understand the legal process and your options
  • Interview witnesses and gather evidence to defend you and prove the violation did not occur
  • Build the strong defense you deserve
  • Advocate for you during the hearing process
  • Negotiate to mitigate the consequences of the alleged violation

Our lawyers know that the prospect of probation revocation can be scary. We’re here to use our knowledge of the criminal laws in Arizona to your advantage. To learn more about how an experienced Phoenix criminal defense attorney can protect your legal rights, call for a free consultation today.

Overview of Probation Violation Laws in Arizona

Arizona criminal laws often give judges discretion when assigning punishment after you’re convicted of a crime. Judges can impose financial penalties and sentence a defendant to jail or prison. In some cases, judges can put the defendant on probation instead of sending them to jail or prison.

Probation can be supervised or unsupervised. Most of the time, courts order supervised probation where you must check in with your probation officer at regular intervals. However, in low-risk cases involving relatively minor crimes, it’s possible that you could be sentenced to unsupervised probation.

Regardless of the type of monitoring involved, probation and parole aren’t without rules. Defendants must comply with various restrictions while on probation. If you violate the terms of probation, the court can issue a warrant for your arrest.

If it’s found that you did violate the terms of probation, the judge then has authority to revoke probation and reinstate the terms of your jail or prison sentence.

What is a Probation Violation?

A probation violation happens anytime you violate the terms of your probation. In Maricopa County, certain terms are mandatory when a judge sentences you to probation. 

The general terms of a supervised probation in Phoenix require the defendant to:

  • Refrain from committing another federal, state, or local crime
  • Refrain from unlawfully possessing a controlled substance, including marijuana with a doctor’s certificate
  • Refrain from unlawful use of any controlled substance, including marijuana with a physician’s certificate
  • Submit to drug testing as determined by the court (unless the court chooses to suspend this requirement)
  • Cooperate in collecting DNA if convicted of a felony or another qualifying offense
  • Comply with sex offender registration requirements, if applicable because of the type of criminal offense involved
  • Participate in approved domestic violence programs, if applicable
  • Pay restitution
  • Pay any required financial penalties and fines
  • Notify the courts about changes in financial status that could impact the ability to pay fines and restitution

Additional standard probation terms typically require the defendant to:

  • Report to a probation office within 72 hours of sentencing or release from prison
  • Continue reporting to a probation officer as instructed throughout probation
  • Obtain permission before leaving the jurisdiction
  • Answer any of the probation officer’s questions truthfully
  • Live at a location approved by your probation officer
  • Notify your probation officer if you intend to move or change anything about your living arrangements at least ten days prior to the change
  • Allow the probation officer to conduct home visits
  • Submit to search and seizure of any items that violate the terms of your probation
  • Work on a full-time basis (at least 30 hours per week) unless excused by the probation officer
  • Refrain from communicating or interacting with someone who you know is engaged in criminal activity
  • Refrain from anyone who has been convicted of a felony, unless you first obtain a probation officer’s permission
  • Notify your probation officer within 72 hours if you’re arrested or questioned by a law enforcement officer
  • Refrain from owning, possessing, or having access to a firearm, ammunition, destructive device, or dangerous weapon
  • Obtain court permission before agreeing to act as an informant or confidential source
  • Notify vulnerable people about any risk you may pose, if your probation officer determines that you are a risk to any person

As a general matter, you’re required to follow any instructions that the probation officer provides during the term of probation.

Types of Probation Violations

Depending on the terms and conditions of your probation, there are many different ways that you can be accused of violating probation.

Some of the most common types of probation violations include:

  • Failing to check in with your probation officer
  • Missing a hearing or court date
  • Failing to show up for drug or alcohol testing
  • Removing an electronic monitoring device
  • Failure to obtain acceptable employment or attend school
  • Failure to complete court-mandated counseling
  • Failure to notify your probation officer of any changes in status
  • Contacting someone who you were prohibited from contacting
  • Failure to pay court fees, penalties, and fines
  • Committing a new crime
  • Failure to complete court-mandated community service

If you’re accused of an Arizona probation violation, it’s important to speak with an experienced defense attorney as quickly as possible. Our Phoenix probation violation attorneys at Orent Law Offices, PLC are ready to build the strong legal defense you deserve. Call for your free case review and learn more about an attorney-client relationship today.

What Happens if I Violate the Terms of Probation in Phoenix?

Probation officers have discretion in determining what happens when you violate the terms of probation. The consequences will depend on:

  • The severity of the alleged violation 
  • The circumstances of the underlying offense.

Typically, the court must first schedule a revocation arraignment. At the arraignment, you’ll be apprised of all alleged violations and can admit or deny each violation. 

If you don’t admit to a violation (or if the court doesn’t accept the admission), a violation hearing will occur between seven and 20 days after the arraignment. At the violation hearing, each side will present evidence designed to establish whether a violation has occurred. 

The pleading standard at the violation hearing is much lower than the “beyond a reasonable doubt” standard. Each violation must be established by a “preponderance of the evidence”. In other words, state prosecutors must only show that you “more likely than not” committed the violation.

If the state cannot meet this standard, your original probation terms will continue to apply. If they succeed, a disposition hearing will be scheduled to determine the consequences of the violation.

What are the Penalties for Violating Probation in Phoenix, Arizona? 

Under Arizona laws, there are a number of penalties that can apply if prosecutors prove that you violated the terms of your probation or parole.

Possible penalties include:

  • Adding additional time to your original probation sentence
  • Modifying the probation to impose additional terms
  • A petition to revoke probation and reinstate your prison sentence, often for the term that would have applied without probation

Some violations are relatively minor. It’s possible that your probation officer could elect to impose a “strike” against you rather than initiating court proceedings.

What Defenses Can Be Raised if I’m Accused of Violating Probation in Phoenix, AZ? 

Violating the terms of probation is a serious matter. However, not all accusations are accurate. With a strong defense attorney in your corner, it may be possible to minimize the consequences of a violation.

There are two primary defenses that are effective if you’ve been accused if violating probation:

  • Innocence, or offering evidence to prove the violation did not occur
  • Mitigating circumstances

A mitigating factor is something that can be used to show that the violation was less serious than it initially appears. Mitigating factors often offer an explanation for why the violation occurred. In other words, an explanation can help minimize the consequences of a probation violation even if it did occur.

Schedule a Free Consultation With a Phoenix Probation Violation Lawyer

Have you been accused of violating probation? At Orent Law Offices, PLC, our lawyers have decades of experience helping clients like you. An experienced Phoenix probation violation lawyer can minimize the serious consequences of violating probation. Call for a free consultation today.

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Orent Law Offices Phoenix Criminal Defense Law Firm