Facing an accusation of probation violations in Arizona? The situation is more common than you may think. Unfortunately, it’s pretty easy to violate the terms of your probation accidentally.
Probation is a court order that allows individuals to serve their sentence outside of jail, provided they adhere to specific conditions, as outlined in ARS 13-901. This means that since these individuals are only allowed probation if they follow the court-ordered terms, the court also reserves the right to revoke or alter the terms of their probation if they are violated. Probation is an option the court grants eligible defendants, but a violation can mean your probation is rescinded because you are no longer eligible.
If you think you may have violated the terms of your probation, have an upcoming hearing, or simply want to know more about complying with probation, don’t delay consulting with a qualified Arizona probation violation lawyer to understand your obligations and rights further.
Common Probation Mistakes to Avoid
The particular terms and restrictions associated with an individual’s probation can vary depending on the severity of the crime itself. To avoid violating probation, it’s crucial that you familiarize yourself with your unique probation terms. Some common restrictions and conditions of probation in Arizona include mandatory check-ins and paying monthly fees, including orders to provide restitution to any victims of the crime committed.
Some probation terms are more intensive than others, with some individuals subject to 24/7 monitoring or unable to leave a certain jurisdiction. Other common conditions include participating in alcohol and drug testing, fulfilling community service hours, participating in counseling, and finishing various treatment or rehabilitation programs.
Breaking any one of the terms of your probation can potentially cause legal troubles. It’s critical that you know what can lead to a violation so you can try to avoid these frequent mistakes.
Missing a Meeting with Your Probation Officer
One of the most common mistakes individuals on probation make is neglecting to check in with their probation or parole officer (PO) for mandatory meetings. The purpose of these required check-ins is so your PO can regularly monitor your compliance with the terms of your probation. Depending on your specific circumstances, these meetings may occur on a monthly, weekly, or even bi-weekly basis.
Failing a Drug or Alcohol Test
Depending on the offense and type of probation, some individuals may be subject to scheduled or random drug and alcohol testing. Failing one of these tests can be a serious probation violation and may warrant a court hearing. If the probationer is ordered not to consume alcohol, they may also be accused of violating probation if they are found with alcohol in their residence or frequently attend bars or casinos.
Skipping Court-Ordered Programs
Probation conditions may require the individual to participate in one or more court-ordered programs.
These include:
- community service hours
- counseling
- educational classes
- treatment programs or other mandatory rehabilitation efforts
Poor attendance or failing to complete any of these programs can reflect badly on you. The court may determine that you don’t take probation seriously.
Getting Arrested or Charged with a New Offense
Getting arrested or charged with a new crime while on probation is a serious matter and may potentially result in the revocation of your probation. In some cases, a new offense can lead to the reinstatement of your original sentence, resulting in fines and time in jail or prison. Repercussions may be more severe for repeat offenses, but even unrelated charges, such as traffic crimes, can impact your probation.
Traveling Without Prior Permission
It’s not uncommon for some probationers to be ordered to stay within a certain jurisdiction, while others may not travel without proper approval. Traveling suddenly without providing advance notice to your PO or the court can be considered a probation violation. Related violations include not reporting changes in your address to your probation officer or breaking curfew rules if such restrictions are part of your probation agreement.
Failing to Maintain a Job
Some probation cases may necessitate that the individual maintain a job or fulfill specific employment requirements. A probation violation charge can arise if a person fails to meet these employment conditions included in their probation order.
Missing Payments and Other Technical Violations
Failing to pay certain fees associated with your probation can result in a violation charge and other consequences. Fees can result from providing restitution to victims, settling penalty fines, and other court fees.
Many probation agreements include similar terms, but every person’s specific court order is unique in its details. Violating any conditions of your probation can harm your case, especially when it occurs concurrently with more serious violations.
It’s important to remain aware of all the terms included in your probation because you may be accused of violating the court order for various other acts, such as associating with known criminals or being found in possession of firearms. If you have questions about the terms of your probation, contact your PO or an attorney with experience in probation violations.
Consequences of Violating Probation
While it can be easier than you might think to violate your probation, what actually happens if you do so? Here are some consequences you may face when dealing with a probation violation.
Court Hearing to Determine Probation Revocation in Arizona
After a probation violation has been reported or a potential violation is suspected, your PO will either issue a first warning or request an arrest warrant to be filed against you. This generally depends on how severe the alleged probation violation is. Typically, a violation hearing will follow after being scheduled by the courts.
It’s crucial not to miss this hearing because your probation violation defense lawyer is there to present a case on your behalf on why you should still qualify for probation. In some cases, you may even be granted an early termination of your probation if you have otherwise demonstrated good behavior and compliance with the set conditions or restrictions.
Jail or Prison Time
One possible outcome of a violation hearing is incarceration in jail or prison for a period of time. This sentencing may be due to your revoked probation and the reinstatement of your original sentence. If the probation violation involves new criminal charges, it’s also possible that you could be sentenced to incarceration for the new offense.
Stricter Probation Conditions
If your probation is not revoked, the court may choose to set stricter conditions on your probation. It may also assign additional penalties to serve as punishment for violating the terms. In some cases, stricter conditions can involve extending the original probation period so that you are subjected to the various restrictions and conditions of your probation for longer.
Tips on How to Avoid Probation Violations and Stay Compliant
Even if you’ve ensured that you understand and are familiar with the conditions of your probation, mistakes are still possible. Everyone makes mistakes or can be forgetful, so it’s a good idea to plan ahead when you can. These are some tips for staying compliant with your probation conditions:
Set Reminders for Appointments and Deadlines
You may find it beneficial to set reminders for critical appointments and deadlines, including various legal meetings or check-ins with your probation officer. It’s easy to be forgetful, especially when there are so many conditions to uphold under a probation order while you’re managing other aspects of your personal life. Setting reminders on your phone or on a calendar can make it easier to stay organized and remain aware of your obligations.
Keep Open Communication with Your PO
Another good way to ensure you’re in compliance with your probation is by meeting regularly with your probation officer. It can help you keep in regular contact with your PO outside these mandatory meetings. This is especially true if you are having trouble keeping track of the details of your probation conditions or want to further understand the terms of the court order.
Keeping open communication with your PO is also important in the event you accidentally violate the terms of your probation. Since your PO must report all violations to the court, it can help your case if you are upfront about any potential violations right away, as opposed to your PO learning of your violations later on. It may seem like your probation officer is only there to monitor or punish you, but they are a valuable resource and most wish to see you succeed.
Seek Legal Help Early On If Compliance Becomes Difficult
If you’re finding it challenging to stay compliant with probation, it’s a good idea to seek the help of a legal professional sooner rather than later. Contacting a defense attorney experienced in probation violations can help you ensure you are protecting your rights, freedom, and your future.
When to Call a Lawyer About Your Probation Order
Whether you’re preparing for an upcoming probation violation hearing or you want to get ahead of any potential issues, it’s better to be safe than sorry when it comes to protecting your rights and freedom. These are some situations when it’s a good idea to get in touch with an experienced probation violation defense lawyer:
You’re Unsure About Your Obligations
If you’re in any way uncertain about your obligations and restrictions under probation, you may want to consider reaching out to a probation violation defense attorney. Your lawyer can explain the legal implications of breaking various terms of your probation so that you understand what you can and can’t do. Violation defense attorneys can also address your concerns if you’re unsure about your ability to fulfill certain aspects of your probation.
You Want Help Modifying Your Probation Terms
If you want to try changing the terms of your probation, it’s recommended that you consult with a qualified probation lawyer. Since probation is a court order, it’s legally enforceable and cannot be modified without the court’s approval.
Criminal law can be incredibly complex, especially for those who aren’t familiar with the numerous statutes and procedures involved. For this reason, it is not advisable to try advocating for changes to your probation agreement on your own. An attorney can also explain what changes to your probation you may be eligible for.
For example, if paying off certain fees is unfeasible or causing you to struggle financially, your lawyer can likely argue for changes to your probation conditions to account for your financial standing. Often, probationers are not allowed to petition for the modification of probation terms without a good reason.
You Have an Upcoming Hearing or Think You May Have Violated Terms
If you have a hearing coming up to discuss one or more violations of your probation, be sure to consult with a qualified lawyer specializing in probation revocation in Arizona. It’s crucial to secure proper legal representation during these hearings since you are potentially vulnerable to suffering legal penalties, harsher conditions and restrictions, or even losing your right to probation altogether.
In some cases, you may even need a criminal defense attorney in Arizona to defend against a possible jail or prison sentence. If you don’t have a probation hearing scheduled and a violation hasn’t been reported, but you believe you might have violated probation terms, don’t wait to contact a lawyer. The sooner you consult with an attorney, the sooner they can begin building a strong defense on your behalf.
The Valley Law Group Can Protect Your Freedom
Contact The Valley Law Group today to schedule a free consultation with a qualified and experienced probation violation defense lawyer. Our criminal law firm has successfully represented countless clients throughout the court process, including throughout their probation terms. Our skilled probation attorneys are proud to provide the personalized representation you need to preserve your freedom.
Sources:
- Arizona Revised Statutes § 13-901. (n.d.). Probation. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/00901.htm
- Arizona Revised Statutes § 13-902. (n.d.). Period of probation. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/00902.htm
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
