Felony Probation Violation Arizona
For an individual who is out on probation after committing a crime, careful adherence to the rules and terms of the probation is a burning need. If an individual on felony probation commits any term violations, he/she is subject to a wide range of punishments from his/her probation officer. Therefore, it is advised to stay within the limits set by the court at all times. But what happens to an individual who doesn’t? In that case, a document called “Petition to revoke Probation” is filed by the probation officer. This may result in the issuing of an arrest warrant leading to the arrest of the individual. There is a risk of being arrested and held as non-bondable, which means no amount of money can be paid to free the individual on parole.
The state of Arizona can arrest the violator who violates any of these common probation terms. They are:
Failing to appear for a scheduled court appearance;
Using, possessing or selling illegal drugs;
Failing to pay fines or restitution to victims;
Travelling out of state, visiting certain people or places without the permission of the probation officer;
Being arrested for a new crime;
Not reporting whereabouts to probation officer when asked etc.
If you’re guilty of the above mentioned violations, you must be prepared for stern consequences in the court regarding your future.
A probation is the court giving you a second chance at redemption. For the sake of your future and freedom, you must never violate the terms and conditions of your probation. Serious punishment awaits those who choose to violate the probation terms. The possible repercussions of a term violation are described below.
1. Warning: The most lenient and rare consequence of probation violation is a warning from the probation officer. If it’s a first-time violation or isn’t deemed too serious of an offence by him/her, you might be spared with a warning of severe future punishments including a probation violation hearing at the court.
2. Petition to revoke probation and arraignment: If the violation is considered severe, the court might be requested to issue a petition for revoking the probation. The defendant might be served a summons notice and called up for arraignment. The defendant will be scheduled to appear for a violation hearing if he/she doesn’t admit or his/her admission isn’t accepted. If the court decides that the defendant has violated the terms of probation, a disposition hearing might be arranged where the court can issue three possible decision regarding the future of the defendant.
3. Revocation: The most severe outcome from the disposition hearing is revocation of probation. If the defendant is serving multiple probation term concurrently, they might be ordered to serve them consecutively. For people serving a lifetime probation after serving a sentence, the additional term might be jailed for an additional time at any time. Or else the court can order the defendant to serve the sentence that the defendant was sentenced to before the probation. The defendant can appeal the decision through a lawyer.
4. Modification: The court can choose to add more conditions or extend the probation as part of modification. The defendant must be served proper notice to prepare for the completion of necessary requirements. The probation can be extended for five years for a felony conviction. For misdemeanor, it can be for two years.
5. Continuance: In this decision, the defendant is needed to simply perform their existing terms of probation despite the violation. This is the most suitable decision for the violator.
It is imperative to employ the services of a highly skilled probation violation defense attorney if you’re in a position as mentioned in the article. It will not only give you a better chance at getting a favorable verdict, but also help you to be guided carefully through the entire process and secure a better future.