Arizona law allows judges who are passing sentence to choose the option of probation instead of jail or prison. A probation sentence requires the offender to maintain strict guidelines throughout their probation period including meeting with an assigned Probation Officer, refraining from drugs and alcohol, attending treatment sessions as needed and appearing in court at requested times.
Sometimes, offenders will violate their probation by not adhering to the exact terms as outlined during sentencing. When a probation violation occurs, your Probation Officer has a few choices. They can give you a warning or they can require that you attend a probation violation hearing.
If you are required to attend a revocation hearing, the prosecution must prove that you violated a term or condition of your probation. You can consult with an attorney at this time to discuss your options and rights.
After the judge hears the evidence, he/she will make a decision on whether you violated your probation. If they determine that you have, you could face one of the following additional probation terms:
- Prison time – Probation violators are sometimes viewed as incapable of maintaining their freedom while following the guidelines set forth in the probation. In this case, the judge may decide to sentence you to prison for either part or all of the remainder of your probation.
- Extended Probation – A judge may choose to add additional time to the end of your current probation period. This would require you to continue to meet with your Probation Officer for a longer period of time.
- Day Programs – Sentencing to a Day Program requires that you check in at a specified location once every 24 hours. You may also be required to take additional required courses such as a substance abuse class.
- Fines – In some cases, heavy fines are also required in addition to jail time or extended probation sentencing.
It’s important to contact your attorney as soon as you know you are facing a probation violation. Having an experienced criminal defense attorney like Charlie Naegle in your corner can definitely help your chances in working with the Probation Officer and judge to lessen your sentencing.
The mission of the Naegle Law Firm is to provide clients with personalized legal representation while advocating aggressively on their behalf.