In Arizona, the court has the discretion to suspend a misdemeanor conviction sentence in favor of probation. But while probation allows individuals to remain in the community rather than serving time in jail or prison, the terms can be quite strict. Even if you make a sincere effort to follow these terms, probation violations can occur, which may result in rearrest.
A probation court is different from a regular criminal court. In most criminal trials, the judge acts as the gatekeeper for legal issues, but it is the jury’s job to find the facts and decide whether or not the accused is guilty. In probation court, the judge is both the gatekeeper and the fact-finder. The judge will see all the information about your probation violation and decide whether you have violated it and the punishments.
At Alcock & Associates, we understand that, in many cases, a simple misunderstanding or false accusation can mean the difference between freedom and incarceration. Our team is here to give you a fighting chance at maintaining your freedom. We’ll provide you with personalized and aggressive legal representation so you can confidently navigate the legal process.
Let us help you get back on track. Contact us today for a free consultation.
A probation violation occurs when someone placed on probation violates one of the terms of their release. This could be a failure to pay a fine, failing a drug test, or committing some new crime.
If a judge determines that a person has violated their probation, the judge can choose to do one of three things: 1) Continue probation, 2) Modify the conditions of release, or 3) Revoke probation.
A continuation means that you will be told to adhere to the terms of your probation despite the violation. If the judge chooses to modify the terms of your probation, they can add more conditions to your release or extend the time of your probation term. However, if your probation is revoked, you could be sentenced to serve time in jail or prison.
Unfortunately, probation violations like not paying a fine or showing up late to court are fairly common. Perhaps you could not abide by the terms of your probation because of financial difficulties, transportation problems, or family issues. That doesn’t mean you deserve a harsh sentence.
Have you violated the terms of your probation due to unforeseen circumstances? It’s crucial to seek the assistance of a skilled criminal defense attorney with extensive experience defending clients against probation violation charges. Without aggressive representation, the repercussions of the violation could be devastating and irreversible.
Any time a person violates their probation, they risk having their probation revoked. The potential consequences following a probation violation can vary from reinstatement on probation with the same conditions and probation period to serving time in jail or prison, depending on the infraction’s severity and other relevant factors.
Suppose a person violates their probation by committing a felony, and the state makes an allegation that the felony was committed on release. In that case, they are not eligible for probation and must be sentenced to at least the presumptive term for the offense they committed, plus an additional two years. In addition, the judge can order that the probation violation run consecutive to the time for the new offense, which can lead to years in prison for what would otherwise be a relatively minor matter.
Consequences for violating probation can be severe; it’s in your best interest to work with an attorney with experience in this area. Your attorney will fight to minimize the consequences of the charges you face by getting you the best possible result on any new case, negotiating with the prosecutor to drop the allegation that the offense was committed while you were on release, and fighting to make sure that any penalty you face for a probation violation runs concurrently with any sentence from the new case.
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A person can violate their probation for simple reasons like failure to pay a fine or for not meeting with their probation officer.
Probation court differs from typical criminal courts because the judge acts as the jury. A person on probation is not entitled to the same protections as a typical citizen. It is very easy for a judge to sentence a person accused of a probation violation to prison unless a vigorous and strong defense is presented.
Some people may also have a new charge that is the basis for the probation violation. When this happens, the cases can be combined so that the new charges are not run consecutively.
It is important to remember that people can have their charges “stacked.” This is when a judge gives a defendant time in prison for one case and then adds more time for the second case.
In cases like this, working with the trusted and capable probation violation attorneys at Alcock & Associates can make all the difference in the world. We aim to get you reinstated on probation without additional jail time, fines, or months on probation. Our law firm handles every type of probation violation in Arizona.
Here are the types of cases we handle for probation violations — Click to learn more about the underlying crime.
Our firm’s history of success has helped establish Alcock & Associates as a frontrunner among Arizona’s probation violation defense attorneys. When you retain our services to defend you against allegations of violating the terms of your probation, you gain access to a team of lawyers with unparalleled expertise and a dedication to winning that is second to none.
People can violate their probation for minor reasons due to circumstances out of their control. Our job is to help the judge understand that good people make simple mistakes. We work very hard to show that a technical violation of probation is not evidence that a person has returned to a life of crime.
We approach each probation violation case with a customized strategy tailored to your situation. Our skilled attorneys will review the terms of your probation and carefully investigate the charges and evidence against you.
Are there other causes behind the alleged probation violation? Is economic hardship a factor? Are there transportation issues or family problems? Perhaps the alleged violations are the result of miscommunication. We will explore all legal options and diligently work to build a robust defense.
Probation violation hearings require in-depth legal knowledge and expertise. Our experienced attorneys are well-versed in probation violation hearings and will provide you with expert representation. We will aggressively advocate for your rights in court, present compelling arguments in your defense, and strive to achieve the best possible outcome for your case.
Facing probation violation charges can be overwhelming. That’s why we are committed to providing responsive and supportive legal services. Our team will keep you informed at every step of the legal process, answer all your questions, and provide you with the guidance and support you need during this challenging time.
At Alcock and Associates, we understand the gravity of the situation and the potential impact it can have on your life. Our seasoned probation violation attorneys possess a wealth of experience in handling probation revocation proceedings and can provide you with valuable guidance and advice throughout the process. We’ll work closely with you to determine whether admitting certain violations could potentially sway the judge in your favor or if a more aggressive approach is necessary.
Don’t leave your future to chance. If you have violated the terms of your probation and are now facing the possibility of incarceration, please contact us immediately for a free consultation. With Alcock and Associates, you can rest assured that you’ll have the best possible defense in your corner.
In Arizona, the duration of probation for misdemeanors and felonies can vary depending on several factors, including the offense committed and the specific circumstances of the case. Generally, probation terms can range from a few months to several years. Here are some common probation durations in Arizona:
Misdemeanor probation: For misdemeanor offenses, probation typically lasts between 6 months and 2 years. However, certain misdemeanors may have specific probation terms set by statute.
Felony probation: For felony offenses, probation durations can range from 3 years to as much as the maximum prison sentence that could have been imposed for the offense.
However, it’s important to note that there are exceptions and variations based on the specific offense, prior criminal history, and any aggravating or mitigating factors involved in the case. The judge has discretion to tailor the probation terms based on these factors and within the parameters set by Arizona law.
Additionally, probation may include various conditions that the probationer must abide by, such as regular check-ins with a probation officer, drug testing, completion of rehabilitative programs, community service, payment of fines or restitution, and restrictions on travel or association. Violating the terms of probation can result in consequences, such as revocation of probation and imposition of the original sentence.
If you are facing misdemeanor or felony charges and have questions about the potential probation terms or any other legal matters, it’s essential to consult with a criminal defense attorney who can provide guidance specific to your situation and help protect your rights.
In Arizona, probation can potentially be terminated early under certain circumstances. However, early termination of probation is not guaranteed and is at the discretion of the court. Here are some common factors and steps that might be considered for early termination of probation:
It’s important to note that early termination of probation is not guaranteed, and the decision ultimately lies with the court. Consulting with an experienced criminal defense attorney can help navigate the process, present a strong case for early termination, and advocate for your interests.
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