Probation Violations
When a defendant is being sentenced for a either a misdemeanor or a felony crime, the criminal court judge has the option of ordering a probation term, which is a way for the state to rehabilitate criminals instead of punishment. When an individual is granted probation, they can be ordered to comply with a long list of seemingly impossible tasks. Typical terms of probation for misdemeanor and felony cases will include fines, restitution, community service, counseling classes, A/A meetings, stay-away orders, no unlawful conduct, and progress reviews in your criminal court. The courts will monitor compliance through a probation officer. Unfortunately, these orders occasionally result in that individual being accused of a probation violation.
If you violate your probation, it means you have broken the terms of your probation. The legal consequences of violating your probation will depend on a variety of factors and if you have a prior violation. If a probation violation is proved, the judge can decide to sentence you to the entire prison term possible for the underlying felony offense. That is why it is important for anyone charged with a probation violation to hire a highly experienced criminal defense attorney.
In Arizona, common punishments for those found guilty of a probation violation may include an extension of the probationary period, revocation of probation, counseling or treatment programs, physical labor, jail or prison time, and more.
An individual can be found guilty of violating the terms of their probation for:
- Possessing an illegal weapon or substance
- Committing another crime while on probation
- Missing a scheduled appearance in court
- Failing to pay restitution or attend counseling
- Failing to check in with a probation officer
- Violating any specific terms of their probation
If your criminal court judge believes you violated the terms of probation, the court will schedule a probation violation hearing, which is commonly known as a probation revocation hearing. It’s similar to a trial as it will have witnesses and evidence presented during the hearing, and you have the right to have legal representation. There is no jury who determines guilt or innocence, rather the judge will decide if you violated the terms of your probation. It’s important to note that unlike a criminal case, the prosecutor doesn’t have to prove your case beyond any reasonable doubt.
If you are facing allegations of violating probation, call our experienced criminal defense attorneys. We can provide you with skilled legal representation throughout probation violation process. Our lawyers will work aggressively to obtain the best possible outcome at your hearing. The first step is to review the specific details of your violation so we can prepare an effective strategy.
Hiring an Experienced Criminal Attorney
Hiring a experienced and locally based criminal attorney is an important step in the criminal process. A Tempe criminal lawyer should be hired within the week following an arrest. A skilled criminal attorney should have specialized knowledge and access to the resources necessary to competently defend you and successfully fight your criminal charges.
The criminal defense attorneys at Tempe Criminal Lawyer are dedicated to providing the highest-quality defense available to our clients. It all starts with your free case review, where you can get a better idea of the legal road ahead. Contact us today to schedule your complimentary and private consultation with our superior criminal lawyers.