Phoenix Probation Violation Attorney
A probation violation is a serious offense in Arizona. Those placed on Arizona probation that fail to follow the terms of the probation as ordered by the court may face time in jail, or even prison depending if the original or new criminal charge was a misdemeanor or a felony. Your future freedom is at stake. You don't want to go to jail. Your probation violation may be easily explained. However, it is crucial that you consult a Phoenix Criminal Defense Attorney as soon as possible if you are charged with a probation violation.
It is important to understand that when you are facing a Phoenix probation violation charge you understand the seriousness of the potential of a new possibly harsher sentence. It does not matter that the original Arizona criminal conviction was weak or you did not commit the crime. If you originally were convicted, sentenced you were placed on probation with certain things to complete. If you failed to complete those items then there was a violation of the terms of probation.
Additionally, the burden of proof on the prosecutor is not beyond a reasonable doubt as it was with the original criminal charge, but simply a preponderance of evidence, which is a much lower standard. Basically, the new question of law and sentencing becomes "did you complete the terms of probation or not?"
Arizona Probation Violation
A probation violation can occur anytime a person violates the terms of probation as ordered by the judge. These terms set rules of things to do or not to do and must be followed throughout the length of the probation sentence. Depending on the type of probation you were placed on, there are various types of probation violations, such as:
- Committing a new crime
- Missing a drug test, testing positive or diluted
- Drinking if your probation specified no alcohol
- Speaking with a person you were ordered not to contact
- Failing to complete counseling for any reason
- Getting behind on court fines, fees, restitution or community service
- Removing any security monitoring device
- Failing to check in with the judge or probation officer
- Failing to appear in court at a schedule date and time
- Failing to pay court fees or fines
- Failing to comply with a court order
The Law Office of James Novak is 100% devoted to defending se DUI, Drug & Criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide in Arizona.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.