Phoenix Probation Violation Charges Defense Attorney
A probation violation is a serious offense in Arizona. Those placed on Arizona probation and fail to follow the terms of the probation as ordered by the court may face time in jail, or even prison depending if the original or new criminal charge was a misdemeanor or a felony. Your future freedom is at stake. You don't want to go to jail. Your probation violation may be easily explained.
It is important to understand that when you are facing a Phoenix probation violation charge you understand the seriousness of the potential of a new possibly harsher sentence. It does not matter that the original Arizona criminal conviction was weak or you did not commit the crime. If you originally were convicted, sentenced you were placed on probation with certain things to complete. If you failed to complete those items then there was a violation of the terms of probation.
Additionally, the burden of proof on the prosecutor is not beyond a reasonable doubt as it was with the original criminal charge, but simply a preponderance of evidence, which is a much lower standard. Basically, the new question of law and sentencing becomes “did you complete the terms of probation or not?”
Arizona Probation Violation
A probation violation can occur anytime a person violates the terms of probation as ordered by the judge. These terms set rules of things to do or not to do and must be followed throughout the length of the probation sentence.
Depending on the type of probation you were placed on, there are various types of probation violations, such as:
- Committing a new crime
- Missing a drug test, testing positive or diluted
- Drinking if your probation specified no alcohol
- Speaking with a person you were ordered not to contact
- Failing to complete counseling for any reason
- Getting behind on court fines, fees, restitution or community service
- Removing any security monitoring device
- Failing to check in with the judge or probation officer
- Failing to appear in court at a schedule date and time
- Failing to pay court fees or fines
- Failing to comply with a court order
If you are faced with a probation violation, it’s important to contact an experienced Phoenix probation violation attorney or criminal defense lawyer as soon as possible. If you do not correct the probation violation you could be sent to jail, or be sentenced to pay larger fines, a harsher probation sentence, more hours of community service, and other penalties. Arizona probation violation attorney James Novak can help you take the necessary legal action to defend you and any attempts made by the Arizona prosecution to pursue convictions, and more sentencing harm.Arizona Probaton Violation
If you are concerned that you may be charged with a probation violation or you are already facing charges, turn to an experienced criminal defense attorney. Call (480) 413-1499 for a free initial consultation with an attorney.
James Novak, Criminal Attorney will defend your probation violation. He will Make every effort to help the judge and prosecution understand your side of the story, provide reasoning behind the act leading them to accuse you of a probation violation charge, and the reasons why there may have been noncompliance. He will work hard to explain the circumstances long before the probation violation hearing, to try to resolve that matter without having a probation violation hearing at all.
In other words, we will work to try to get you a second chance even before the probation hearing occurs. In the least, he will defend you at the probation violation hearing, and challenge any evidence introduced by the prosecutor, to get the best possible outcome of the hearing. If you have been charged with a probation violation, you should contact the Law Office of James Novak as soon as possible for your confidential free consultation Directly with James Novak.
Phoenix Probation Violation Attorney
If you have been charged with a probation violation, an arrest warrant could be issued in your name and you will be required to appear back in court. Phoenix probation violation attorney James Novak can review your situation, prepare your case, and defend you before the judge. At the Law Firm of James Novak has years of experience defending clients who have been charged with probation violation, and can provide you with the Arizona criminal defense you need.
To schedule a free consultation with a skilled, experienced, and dependable Phoenix probation violation Attorney, contact Arizona Criminal Attorney James Novak at (480) 413-1499.
James Novak handles probation violations cases on in the Phoenix metro area, including Phoenix, Mesa, Tempe, Gilbert, Chandler, and Scottsdale, Arizona for Misdemeanors and Felonies.PROBATION REVOCATION LAWS
Arizona Rules of Criminal Procedure
Rule 27.8. Revocation of probation
In probation revocation proceedings, the probation department petitions the court to revoke the probation of the defendant. The Arizona petition sets forth the particulars of the alleged violations of probation.
If the you or your loved one has been arrested for a claim of violating probation a hearing will be set. Prior to the hearing you could be held without bond pending the outcome of the court’s decision. At the hearing, the state has the burden of proving by a preponderance of the evidence that the defendant violated the terms of probation.
The defendant has the right against self-incrimination, the right to a public hearing, the right to call witnesses and to compel their attendance, the right to confront and examine witnesses called by the state, and the right to present evidence on his own behalf. However, you do not have a right to a jury trial.
If are found to have violated probation, the court may reinstate you on probation with the same or additional terms. Alternatively, the court can terminate probation and remand the defendant to jail or prison.
13-4415. Notice of probation modification, termination or revocation disposition matters; notice of arrest
A. On request of a victim who has provided an address or other contact information, the court shall notify the victim of any of the following:
1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.
2. Any hearing on a proposed modification of the terms of probation or intensive probation.
3. The arrest of a person who is on supervised probation and who is arrested pursuant to a warrant issued for a probation violation.
B. On request of a victim who has provided a current address or other current contact information, the probation department shall notify the victim of the following:
1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the defendant's contact with or the safety of the victim.
2. The victim's right to be heard at a hearing that is set to consider any modification to be made to any term of probation.
3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.4. That a petition to revoke probation alleging that the defendant absconded from probation has been filed with the court.
5. Any conduct by the defendant that raises a substantial concern for the victim's safety.