Probation Violation Attorney in Mesa Arizona
As criminal defense attorneys, we help those that are facing Probation Violation charges. Those placed on probation in Mesa Arizona who fail to follow their terms of the probation as ordered by the court may face jail time, or even prison depending on the type of the original criminal charge that is now being violated. These can be either a misdemeanor or a felony. If you originally were convicted, sentenced you were placed on probation with certain items to complete for items to not do and if you failed to complete those items then there was a violation of the terms of probation, you most likely will be charged with a probation violation.
The burden of proof on the prosecutor is not beyond a reasonable doubt as it was with the previous convicted criminal charge, but simply a preponderance of the evidence, which is a much lower standard. Basically, you have to prove that you did complete the terms of probation or not?
A probation violation can occur anytime a person violates the terms of probation as ordered by the judge and agreed by you during your sentencing. These terms are the set rules of things to do or not to do and must be followed throughout the length of the probation sentence.
Depending on the type of probation you were placed on, there are various types of probation violations, such as:
- Committing a new crime
- Failing to check in with the judge or probation officer
- Missing a drug test, testing positive or diluted
- Drinking if your probation specified no alcohol
- Failing to comply with a court order
- Speaking with a person you were ordered not to contact
- Failing to complete counseling for any reason
- Getting behind on court fines, fees, restitution or community service
- Removing any security monitoring device
- Failing to appear in court at a scheduled date and time
- Failing to pay court fees or fine
Penalties for Probation Violation
The state of Arizona classes probation violation as a serious offense. An individual becomes in violation of the terms of their probation if the stipulations set in their probation meeting are violated. This can include requirements such as drug screening, or paying fees or fines, or if a new crime is committed.
The sentence you will face for this offense is dependent on the crime you originally committed unless of course you are arrested on a new charge. Most commonly your probation will be revoked, and you will be required to serve the custodial sentence connected to your offense.
If you are serving more than one probationary term, then you may be sentenced to jail or prison time to be served consecutively for each offense you have been charged with.
See How We Can Help
At The Hogle Law Firm, it’s our mission to help those that have been charged with a misdemeanor in Arizona. Our criminal defense attorneys would love to sit down or discuss by telephone your options if you or a loved one has been charged with committing a probation violation. Contact our law firm office in Mesa AZ for your complimentary legal consultation.
The Hogle Law Firm – Mesa
1013 S Stapley Dr
Mesa, AZ 85204