Anyone serving probation for a criminal offense should be aware of the common situations causing probation violation. These mistakes happen easily when individuals don’t have the proper knowledge to avoid making these errors.
To stay away from probation violation, follow these guidelines:
- Pay fines and restitution in a timely manner.
- Don’t leave the jurisdiction until you receive approval.
- Don’t participate in more crimes or associate with other criminals.
- Report regularly to your probation officer.
- Attend all court-ordered programs associated with your probation terms.
Simply adhering to these basic requests will significantly reduce the possibility of probation violation. However, individuals who fail to meet expectations may suffer unpleasant penalties when they violate probation. Hiring a dependable lawyer can help navigate these situations.
The Process of Probation Violation
According to Arizona Rules of Criminal Procedure, the first step taken after a violating act is a Revocation Arraignment, where the issuing or assigned judge meets with the probationer to notify them of the violations. Depending on the probationer’s response, the court holds a violation hearing. This occurs in two situations – when there is no admission made or if the admission is rejected.
Within 7 and 20 days after the Revocation Arraignment, the court holds a violation hearing to assess the charges of violation. With the probationer present, different parties can present evidence of the violation to the court to help clarify the situation further.
A disposition hearing follows the violation hearing, which is used to decide whether the individual broke a condition or a regulation. The corresponding penalties are different for each, so it’s important the court accurately identifies what type of case they are dealing with. This part of the probation violation legal process can be eliminated if the probationer makes an admission or if the results of the violation hearing are clear concerning the type of violation made.
The Consequences of Probation Violation
This legal process can lead to different penalties depending on the extent of the violation. When you violate probation, expect some of the following results:
- A strike against you. This often happens with minor infractions when the probation office simply makes a note of bad behavior but provides the probationer with a second chance to make better choices. In addition to many other benefits, this is one of the reasons it’s important for probationers to build a solid relationship with their officers. It can reduce the consequences of small mistakes. A minor penalty like this is only possible if the probation office refrains from immediately notifying the court.
- Probation revocation. This penalty leads to the legal process laid out in Rule 27.8 of the Arizona Rules of Criminal Procedure. The court conducts a thorough investigation of your actions to choose the proper route of punishment.
- Immediate jail time.
- Invocation of original sentence. Although there is often a long process leading up to this type of decision, it’s always a possibility for probationers who violate the conditions or regulations of probation.
When the court is made aware of a probationer’s violation, they issue a bench warrant. Individuals facing this situation are wise to seek legal counsel from a reliable criminal defense lawyer.
The team at the Law Offices of Scott David Stewart is eager to guide you through the legal proceedings of probation violation. Hire Attorney Scott Stewart to experience the best possible outcome after your violation.