Tucson Probation Violation Lawyer

Tucson Criminal Defense Attorneys

When a defendant is granted probation, whether as part of a plea deal or after a conviction at trial, that probationary sentence is imposed in lieu of a prison (felonies) or jail (misdemeanor) sentence.  Although some portion of jail time may be served in connection with a probation sentence, probation is a break in the amount of time a person can serve.  Not all offenses and not all defendants are eligible for probation.  Probationers must comply with the conditions of probation, including checking in, staying out of trouble, passing drug tests, maintaining employment, and more.  If a person violates the terms of their probation, they can be sentenced to more time in jail or prison.  If you or a loved one has been accused of violating probation, contact the Tucson Defenders now for a FREE CONSULTATION.  520-585-5757.

A person who violates a grant of probation can be punished up to the maximum carried by the original charge, plus there may be new criminal charges if the alleged violation also constitutes a criminal offense on its own.  For example, if a person is on felony probation, and is caught with a gun, having the gun will be both a violation of probation, and state and federal laws prohibiting firearm possession by a felon. 

ARIZONA PROBATION LAWS
Arizona has three types of probation: intensive probation, supervised probation, and unsupervised probation.  The sentencing court determines appropriate conditions of probation, which will always include to obey all laws and stay out of trouble, but may also include participating in programs, stay away orders, orders not to do specific things (such as a stay away order, order not to use or possess alcohol, etc.).  People on probation lack many of the rights the rest enjoy, and may be searched, arrested, and taken to court at any time.  Judges have authority to change terms of probation, and revoke probation, resulting in imposition or execution of a sentence.

There are both differences and similarities in the way a probation violation and a criminal charge are handled.  Probationers have a revocation arraignment, where they must be informed of the alleged violations, and either admit or deny the violations.  Next, the court holds a probation violation hearing, where the judge (not a jury) will decide whether a violation has been proven by a preponderance of the evidence, a much lower standard than proof beyond a reasonable doubt.  In other words, it takes much less evidence to find someone in violation of probation than to find someone guilty of a criminal charge.  Additionally, the court may consider hearsay and other  evidence that would be inadmissible at trial.  If a person is found in violation of one or more terms of probation, the case then proceeds to a disposition hearing, where the judge decides whether to revoke probation and impose a sentence, reinstate probation, or modify the terms.

FEDERAL PROBATION AND SUPERVISED RELEASE LAWS
Prior to implementation of the Federal Sentencing Guidelines, courts had the authority to stay the imposition or execution of a sentence, much as it continues to work today in Arizona state courts.  Now, under the Guidelines, a probationary sentence is regarded as a sentence in itself.  Upon a violation of probation, a court can continue probation, with or without modifying the terms, or revoke probation, and impose a different sentence, up to the maximum it could have originally imposed.  In some cases, revocation is mandatory upon a violation.  In federal cases, there is also Supervised Release, which is substantially similar to probation, and judges can revoke, or reinstate supervision. 

Terms of federal probation and supervised release are crafted by the court, but will always include not violating any laws.  Violations are punishable based on the seriousness of the new offense, without much regard to the original charges.  If a person is found in violation for committing a state or federal felony offense, probation shall be revoked.  The sentencing court retains jurisdiction over probation violations, and must first hold a preliminary hearing (unless waived) to determine whether probable cause exists to believe the violation has occurred.  If the court finds probable cause exists, it must proceed to a revocation hearing.  Revocation hearings are not a full trial, and the rules of evidence do not apply, and the standard of proof to prove a violation is preponderance of the evidence (just like in Arizona state courts for probation violations).  Revocation of supervised release or probation in federal court will likely mean a lengthy prison sentence.

RELATED ARTICLES
Federal Criminal Defense in Tucson
Juvenile Criminal Defense in Tucson

If you or a loved one has been arrested or charged with a criminal offense, or with violating probation, you deserve a lawyer who will fight to get you the best possible result in your case.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney to discuss the details of your case, including possible outcomes and defenses.  Consultations are not only free, but no obligation.

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CALL NOW FOR A FREE CONSULTATION 520-585-5757

Pima County Superior Court
Pima County Adult Probation

Arizona Probation Statute (ARS 13-901)
Federal Sentencing Guidelines