What is Probation Violation?
When defendants are sentenced for crimes, they are oftentimes placed on probation. There are various forms of probation:
- Unsupervised probation is the least-restrictive form of probation. Typically, no probation officer will be monitoring you during the probationary period. You will simply be required to remain law-abiding and follow court orders on your own without supervision.
- Supervised probation is a form of probation where a probation officer will be monitoring you while on probation.
- Intensive probation is a form of probation where a probation officer will not only be monitoring you while on probation, but will be monitoring you very closely.
Terms of probation can vary, but will typically include:
- Do not commit additional crimes
- Do not possess or consume alcohol
- Complete random substance abuse testing
- Do not possess a weapon
- Contact your probation officer if you have any contact with law enforcement
- Your home is subject to search without a warrant
- Maintain contact with your probation officer as directed
- Do not change your address without permission from the probation department
- Maintain employment
- Complete community service (community restitution)
- Undergo counseling (substance abuse, domestic violence, mental health, etc.)
Penalties for Violating Probation
While on probation, a probationer must obey the terms of probation. If they fail to do so, the person will be in violation of their probation.
If the terms of probation are violated, the offender may be arrested and could be held “without bond” until probation violation proceedings are complete. .
In Arizona, a defendant's first court date will be a “Probation Violation Arraignment” where they will have an opportunity to admit to or deny the allegations. If a defendant denies the allegations, the matter will be set for a “Probation Violation Hearing.”
The judge can hold the defendant in custody while the probation violations are being litigated.
If a probationer is found to be in violation of probation after a hearing, the judge has options in the disposition. For felony offenses, typically a judge will decide on 1 of 3 sentences:
- Revoke the individual's probation and sentence him or her to a term in the Department of Corrections within the sentencing range for the original offense(s);
- Reinstate the individual on probation for the original term;
- Reinstate the individual on probation with additional terms of probation such as “intensive probation” which requires a defendant be placed on house arrest.
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