Protect Yourself, Protect Your Rights. It Isn’t Just a Misdemeanor.

Criminal Law Blog

What Happens If You Violate Probation?

April 22, 2022

If you have been sentenced to a period of probation, courts in the state of Arizona expect you to follow all the accompanying terms of your sentence. A probation violation will require further legal action, during which you will want to have the expertise of an experienced attorney like Janet Altschuler on your side. 

What constitutes a probation violation?

A probation violation is any act that defies the terms of a defendant’s probation. The sentence can vary based on the defendant’s alleged crimes, but most probation sentences have a few standard rules. A defendant on probation must always obey all laws of the state, report to their probation officer as required, pay any court-ordered fines, retain their job or attend school, and avoid the usage or possession of illegal weapons and drugs. Individuals on probation may also not be allowed to leave a certain area and must attend counseling, community service, and/or drug or alcohol testing. 

Violations of probation can include failure to pass a urine or drug test, committing a new crime, possession of a firearm, consumption of alcohol, or failure to report to a scheduled court date. 

What happens after a probation violation?

If you have violated the terms of your probation in Arizona, your probation officer can create a “Request to Revoke Probation” and issue a warrant for your arrest. After you are arrested, you will be held in ‘non-bondable’ custody. This means that you cannot post bail or be released until your probation violation hearing is over, or your attorney arranges for the judge to release you “On Your Own Recognizance.” 

What are the steps of a probation violation hearing?

  • Probation Violation Arraignment: This stage of the process will require the defendant to either admit to their violation or schedule a court hearing. Your attorney should already have contacted your probation officer to arrange a “Probation Violation Disposition,” an agreement that allows you to hold the arraignment and the disposition simultaneously. This process usually results in a faster release, making it essential to have a skilled attorney on your side. 
  • Probation Violation Hearing: If a disposition has not taken place, you will be required to attend a hearing. The prosecutor will ask witnesses to testify to your violation. These hearings can be challenging for all but the most skilled attorneys to win, as hearsay evidence is admissible. Your probation officer can simply verbally corroborate the testimony of their witnesses to prove their case. Janet Altschuler can utilize her extensive experience in the courtroom to argue against your probation officer’s witnesses. If the judge does not proceed to a disposition, you may be required to attend another court date. 
  • Probation Violation Disposition: In the case of a probation violation, a disposition is synonymous with a sentencing. Your Arizona judge can either revoke your probation and sentence you to prison time or reinstate your probation. Some defendants may be placed under Intensive Probation, which can have stricter rules and may last longer. 

What is Intensive Probation?

Intensive Probation requires a defendant to stay at home at all times, unless going to their place of employment. The defendant will need to check in with a surveillance officer whenever they leave their home, whenever they arrive at their destination, whenever they leave their job, and again when they get home. A surveillance officer is also allowed to come to the defendant’s home and perform a urine, drug, or breath test at will. If the defendant is not home without permission or refuses to abide by the surveillance officer’s rules, their probation could be revoked. It is best to try to avoid a sentence of Intensive Probation with a skilled defense attorney. 

Why do I need an experienced attorney for a probation violation?

An experienced attorney like Janet Altschuler is your best defense against a probation violation. They can argue on your behalf and build a case to get your probation reinstated. If you are convicted of a new crime, your sentence could be even more severe. You will receive a sentence for both the new crime and for the violation of your probation. 

With Janet Altschuler’s proven experience, you can rest assured that you have a reliable advocate during your probation proceedings. For your convenience, Janet Altschuler can be available 24 hours a day, seven days a week. To schedule a free consultation, you can call 520-247-1789 or 520-200-5003.

Schedule a Free Initial Consultation to Discuss Your Situation.

Complete our online contact form
or call us at 520-247-1789

(24 hours a day / 7 days a week)