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Probation Violation Causes and Consequences

When individuals are convicted of crimes, they are sometimes eligible for probation, which is usually served in place of jail or prison time. During probation—which can be supervised or unsupervised—the individual is released back to the community under the condition that he or she follow the various terms of his or her probation order for a designated period of time (which can last for several years). Any violation of those terms in the state of Arizona—even if it is accidental or appears to be insignificant—can lead to another arrest of a convicted person, who will again be brought before the court. Probation violations can result in various negative consequences, including possible incarceration or imprisonment.

While probation terms will vary on a case-by-case basis, here are some typical requirements that can be applied, as defined by the Arizona Revised Statutes §13-901:

  • Payment of a fine
  • Payment of restitution to the victim for any economic losses related to the offense
  • Payment of monthly fee of $65 or more (unless a lesser amount is set by the court)
  • Participation in court-order programs

In addition to these and other possible requirements, individuals on probation must refrain from committing any additional crimes during their terms. Once someone on probation is found to have violated his or her terms or to have committed another crime, that individual can be at risk of facing penalties. A judge can decide to change the probation terms (potentially making them stricter), extend the probation period or even revoke probation.

Once a convicted person's probation is revoked, or ended, that individual will likely have to spend time in jail or prison. If the individual was serving more than one probationary term concurrently (or multiple terms at the same time) when the violation occurred, a judge can order that person to serve multiple terms of imprisonment consecutively instead of concurrently. This means the individual's jail or prison sentence can be dramatically increased.

Those who are accused of violating their probation will need a strong and experienced attorney to help them avoid or lessen the life-altering consequences that could result. In some cases, it is possible to show that the probation violation never occurred, that it was out of the convicted individual's control or simply that the individual deserves another chance. The convicted person will need all the support he or she can get, particularly since prosecutors will be able to use the offender's criminal history to try and portray him or her as a threat to society who should not be given any more chances.

The Law Offices of Randall J. Craig has a knowledgeable Scottsdale criminal defense attorney who handles probation violation cases and many other types of criminal cases in the Scottsdale, Arizona area in other parts of the state. To learn more about how an attorney might be able to benefit your case, contact our offices today!