Criminal Defense Attorneys: Focused On Probation
Probation Violation Attorneys Statewide in AZ
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.
WHAT IS A PROBATION VIOLATION?
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.
WHAT HAPPENS IF YOU VIOLATE YOUR PROBATION?
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.
Our Probation Violation Attorneys Care!
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