What is the Penalty for Probation Violation in Arizona?
Arizonans convicted of a crime often ask defense attorneys about the specific penalties for violating probation. The possession of drugs or firearms, failing to meet in accordance with the court’s instructions, driving with a suspended license and committing another crime constitute probation violations. In fact, if a probation officer suspects there has been a probation violation, a petition to revoke probation and obtain an arrest warrant will be filed. If you are uncertain as to whether a specific action is a violation of your probation, meet with a criminal defense attorney for legal guidance.
A probation violation will trigger an arraignment. This is the initial date you are to attend court. It is during the arraignment where the case is set for a hearing, assuming you do not admit to the violation. Your criminal defense attorney will likely discuss the matter with the probation officer so the violation disposition takes place in unison with the arraignment. Such a proactive approach with ongoing communication ultimately expedites the process, proving mutually beneficial for all parties.
Dispositions are similar to probation violation sentencings. The judge is empowered to either revoke or reinstate probation. A revocation of probation means the individual is not on probation. However, the defendant might be subjected to additional jail or prison time in addition to more significant penalties and fines. Community service might also be mandated.
The reinstatement of probation indicates the defendant returns to probation that might have the same terms as regular probation. It is also possible for the defendant to face intensive probation that is comparably restrictive. As an example, the individual might be required to remain under house arrest unless working and subjected to surveillance officer calls each time when arriving and departing for work.
Probation violation hearings occur in the courtroom. The prosecutor attempts to prove the violation occurred. The defendant’s attorney argues to the contrary. Hearings sometimes include witness testimony, police reports and additional forms of evidence in an attempt to prove the defendant’s supposed probation violation.
Probation Violation Defenses
A savvy and experienced Arizona criminal defense attorney will construct the best possible legal defense against the allegation of a supposed parole violation. As an example, if the police intimidated you into making a confession or even tricked you into doing so, there is solid legal footing to challenge the supposed violation. If the police did not read your Miranda rights, any admissions you made have the potential to be suppressed and removed from consideration when determining whether a probation violation actually occurred.
The best Arizona criminal defense attorneys will carefully review the police report to determine if it has any errs. The police report might have false statements, misstatements or even a faulty reconstruction of the crime scene.
If the police officer alleging you violated your probation ignores your request to speak with a lawyer and interrogates you, your right to counsel has been denied. This is precisely why it is in your interest to clearly request to speak with your criminal defense attorney in Arizona when interacting with police officers who insist you violated your probation. Do your best to say as little as possible during interactions with the police, clearly enunciate your words when requesting to speak with your criminal defense attorney and record the interaction with your smartphone. If the police officer ignores this request to speak with your attorney, your legal representative will use that inaction as an essential component of the legal defense strategy for your case.