Phoenix DUI Lawyer Blog

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

If you are faced with a probation violation, it's important to contact an experienced Phoenix probation violation attorney or criminal defense lawyer as soon as possible. If you do not correct the probation violation you could be sent to jail, or be sentenced to pay larger fines, a harsher probation sentence, more hours of community service, and other penalties. Arizona probation violation attorney James Novak can help you take the necessary legal action to defend you and any attempts made by the Arizona prosecution to pursue convictions, and more sentencing harm.

Continue reading "PROBATION VIOLATION" »

In Arizona, upon a DUI conviction you are sentenced to certain mandated AZ DUI sentencing penalties. One of these includes jail time and alcohol or drug counseling. Most AZ DUI sentences include a two-step jail sentence.

For example the mandatory minimum jail sentence for a first time 28-1381, A, 1, conviction for Impaired to the Slightest Degree is ten (10) days jail. This may be broken into a one (1) day jail sentence with the remaining nine (9) days suspended to complete the mandatory alcohol screening and counseling.

If you fail to complete the screening or counseling then you will face the remaining suspended sentence. However, in actually, the maximum sentence allowed by law for a class 1 misdemeanor is six (6) months jail. Therefore, if you totally ignore what you have been ordered by the court you may find yourself facing the full 180 days jail.

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
(Cited in part & emphasis added)

Continue reading "Arizona DUI Laws - Order to Show Cause" »