Understanding Probation Violation: Will You Be Punished?
A probation violation is considered a serious crime in Arizona. If you’re sentenced for a crime and are out on probation, then it is important that you follow the terms as provided by the court. Though failure to follow probation is common, it is imperative to realize that such acts may result in a series of grave outcomes. Go through the following account of punishments for a probation violation to stay informed.
How Probation is Violated
The court sets terms of probation that state things to do or to refrain from throughout the duration of the probation sentence. Any of the following circumstances can lead to a probation violation.
- Failure to appear in court at the given date and time
- Failure to pay any fines or fees imposed by the court
- Sold, possessed or used illegal substances
- Interacted with certain people, visited certain locations or went out of state without the permission of the probation officer
- Committed another offense or crime
- Failure to report whereabouts to the judge or probation officer
The court can take several actions if a person is accused of any of the above violations. These actions usually depend on the discretion of the judge or probation officer and the seriousness of the violation. Warning is the most desirable but least common penalty for probation violation. If it is your first violation and the probation officer thinks that it is not serious in nature, they might just give you a warning and report that any future incident will result in a probation violation hearing. However, if the officer finds it a serious violation, then they can request the court to revoke probation. The judge then reviews the violations. If the suspect does not confess or the confession is not accepted, the court arranges a violation hearing. In this hearing, the officer has to prove the seriousness of the violation. If the court concludes that serious violation took place, it schedules a disposition hearing where three outcomes can occur: continuance, modification, or revocation. In continuance, the court continues the current probation regardless of the violation. However, in modification, the court extends the probation duration or adds more conditions to the terms of probation. Revocation is the most serious outcome where the court may add another probation sentence to the current one. A probation violation is a serious legal matter. If you think that you may be charged with a probation violation, turn to the experienced criminal defense attorneys at Oswalt Law Group to get the best legal assistance.