Probation Violations

In Phoenix, many felony convictions include probation as a part of their sentencing. Probation is the period following release from prison where an offender is monitored by the state to ensure appropriate behavior. Probation can also be offered in lieu of prison time, or to shorten the amount of time spent in prison.

Probation is actually quite common. It is available for most first time felony offenders, but not available for dangerous offenses. Dangerous offenses are those that involve a weapon or bodily harm to another person. Probation requirements will vary based on the type of felony they are sentenced for.

Even though probation is part of the sentencing of a crime someone has already found guilty of, violating it can earn the offender more penalties. Probation violations are a common way for someone to extend their time in prison or have to go to prison when they did not have to in the first place.

While on probation, the offender is assigned a probation officer. The officer at any time may request that the probationer (offender) be sent to jail for violating his or her probation. When this happens, the court will give the probationer a chance to prove their innocence in court. The court hearing may increase the amount of probation, place the probationer back in prison or dismiss the violation.

Another possible result of a probation violation in Maricopa County is a sentence of intensive probation. Intensive probation sentences can be imposed for violations that are not criminal offenses on their own. For example, a person in Gilbert may be ordered to stay out of a certain Chandler neighborhood as a condition of his or her probation. Going to Gilbert is not a criminal offense, but since it is a condition of his probation, it can be perceived as a violation.

This kind of scenario might end up with a an upgrade to intensive probation. Intensive probation includes many more requirements that may have little to do with the original crime. Those on intensive probation are required to maintain 30 hours of work or full time school enrollment, pay restitution and probation fees, live only in residences approved by the probation officer, and remain indoors when not at work or school. They also have to complete 20 to 40 hours of community service a month, and submit to drug and alcohol tests as needed. This is in addition to the initial requirements of their probation.

Although the amount of probation you can expect to receive in Maricopa County may vary, there are maximum amounts of probation that can be imposed:

A class 2 felony can include seven years of probation.
A class 3 felony can include five years of probation.
A class 4 felony can include four years of probation.
A class 5 or 6 felony can include three years of probation.

A class 1 misdemeanor can include three years of probation.
A class 2 misdemeanor can include two years of probation.
A class 3 misdemeanor can include one year of probation.

When there is a violation, an addition 5 to 10 years, depending on the original crime, can be added on to the maximum amount of time spent on probation.

When determining if someone is guilty of a violation, probation violation hearings will take into account the original offense, the nature of the violation, and the overall criminal history. They are more expansive than other criminal cases hearings because so many factors are taken into consideration. If the violation is related to the offense they were originally placed on probation for, the subsequent penalty could be significant.

Because of the risks involved with probation violations, it is very important to comply with all of the requirements of the probation, including attending required meeting, classes, or testing. Depending on the officer, what may seem as the most minor offense could significantly increase the time spent under the supervision of the State.

If you or someone you love is facing a probation violation hearing, it is important that they get the help they need to defend themselves. Our office will represent clients throughout Maricopa County including Pheonix, Tempe, Mesa and Chandler.