Probation Violation Lawyer in Phoenix, AZ
When charged with an offense – either a misdemeanor or a felony – the biggest fear for most people is being incarcerated, either in jail or state prison. The question they ask is if, in the event they are convicted, they will have to spend time in custody, or whether they are eligible for probation.
What is Probation?
Probation is an order from the court in which the defendant is placed under the supervision of a probation officer as an alternative to incarceration. In some cases, the probation may be unsupervised, but most probationers are required to take certain actions (reporting to the probation officer periodically, making restitution, etc. or to refrain from certain conduct, during the probationary period. The conditions vary based upon the offense, the history of the offender, and other factors:
Standard Probation Supervision. The conditions of supervised probation vary, at least theoretically, according to the risk that the defendant will commit an offense in the future and are designed to lessen that risk. Typical conditions of standard probation may include:
- Periodic reporting to the probation officer.
- Payment of restitution.
- Payment of fines, assessments, and probation service fees.
- Placement in community assistance programs.
- Attending counseling and/or therapy sessions.
- Refraining from use of alcohol or drugs.
- Not being convicted of additional crimes.
Conditions may also include, not associating with certain individuals or classes of individuals, among others.
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Intensive Probation. In cases where probation is granted after conviction for a felony, the court may order intensive probation. The requirements for the defendant include:
- Maintaining employment, student status, a supervised job search or community restitution.
- Payment of restitution and probation fees.
- Establishment of an approved residence.
- Leaving the residence only to go to work, perform community restitution or as permitted by the probation officer.
- Administration of drug and alcohol testing as requested.
- At least 40 hours per month of community restitution.
- Fulfilling any other requirements ordered by the court.
Unsupervised Probation. This type of probation is generally applied in situations where the defendant demonstrates a lower risk of recidivism, and typically covers people convicted of low-level misdemeanors or low-level felonies. Although you may be freed from the requirement to report to a probation officer, other requirements may still apply, including checking compliance by telephone and email.
Who is Eligible for Probation?
Whether you are eligible for probation if you are convicted of a crime will depend upon numerous factors, including the crime involved, your criminal history, if any, and the results of the presentence report prepared by the probation department.
A probation violation could be based upon any number of alleged acts (or failure to act) on your part. Examples include the commission of a new crime, failing to abide by the specific terms of your probation, failure to appear for a drug test, failure to report to your probation officer, failure to complete a required class, such as anger management, failure to pay fines or fees, or failure to abide by any other requirement of your probation.
If you are charged with violating probation, the consequences could be serious. While some minor items may lead to a warning, others could lead to jail or prison, including, in some cases, being ordered to serve out the original sentence for which you were placed on probation.
Phoenix Probation Lawyer
As Phoenix probation lawyers, our job, at The Feldman Law Firm, is to use our experience and knowledge to ensure that if you are convicted, you are placed on probation, and not sent to jail or prison, if at all possible. If, while on probation, you are “violated,” it is our job to fight the alleged violation, and, if it is upheld, minimize the consequences you may suffer as a result.
If you are charged with a crime and want to know whether probation is a possible outcome, or if you are on probation and have been accused of a violation, call The Feldman Law Firm today. Our experienced criminal defense lawyers can help. And your initial consultation is free.