Table Of Contents

Completing Probation After A Criminal Offense In Arizona

Most defendants charged with a crime in Arizona have one priority that stands out at the top of their lists- avoiding jail time. Remaining out from behind bars can be crucial to the defendant’s ability to earn a living and provide for their family. But one criminal penalty that is sometimes overlooked during the prosecution process is probation. Most see probation as preferable to incarceration, but it doesn’t come without its difficulties and extra costs. If the defendant can’t comply with the terms of overly strict probation, they risk being sent to jail or prison. If you’ve been charged with a crime in Arizona, you should be aware of how probation works and if it will apply in your situation. Our team’s dedicated Arizona attorneys are available to discuss your case in further detail with no risk or obligation. Schedule your free consultation today by calling 480-470-1504.

What Is Probation?

Probation is a type of criminal sentence that allows a defendant to remain in their community and daily life instead of being sent behind bars. Many use the terms “probation” and “parole” interchangeably, but probation is ordered instead of incarceration. Parole is similar in concept, but ordered as a way to reduce some of an already-served incarceration sentence. Probation is defined and limited under Arizona law by A.R.S. § 13-901. A defendant can be ordered to complete supervised probation, which requires regular check-ins with a probation officer, or unsupervised probation, which is less stringent. Defendants from other states might be required to complete interstate compact probation after a move to Arizona. Defendants who relocate to different counties within Arizona must complete courtesy probation. In extreme situations, the defendant might be required to complete intensive probation. Here, the defendant is monitored 24/7 and only be allowed to attend approved events and activities. This can be very restrictive on the defendant’s lifestyle and make it easier for them to violate the terms of their probation. Violating probate orders come with strict consequences and could get a defendant sent behind bars.

Arizona Revised Statutes Section 13-902: Probation Periods

A.R.S. § 13-902 sets forth the maximum period for which a defendant can be sentenced to probation. What the judge orders the defendant to complete will vary based on several factors, like the severity of the crime, if anyone was injured or property was damaged, if restitution was ordered and paid, etc. The maximum periods for probation in Arizona are as follows:

Class 2 felony: 7 years
Class 3 felony: 5 years
Class 4 felony: 4 years
Class 5 or 6 felony: 3 years
Class 1 misdemeanor: 3 years
Class 2 misdemeanor: 2 years
Class 3 misdemeanor: 1 year
DUI, Extreme DUI, or Super Extreme DUI: 5 years
Aggravated DUI: 10 years
The defendant has not fully paid their restitution for a felony offense: 5 years
The defendant has not fully paid their restitution for a misdemeanor offense: 2 years

Supervised Vs. Unsupervised Probation

In Arizona, a defendant can be sentenced to either supervised or unsupervised probation. As the names suggest, supervised visitation is stricter, while unsupervised visitation is more relaxed. A defendant completing unsupervised visitation is not required to attend meetings with their probation officer, and their probation officer will not show up unannounced for random visits at their home, place of work, etc. The defendant might need to pay fines, attend court-ordered classes, complete community service, and complete other tasks and report back to the court to maintain the unsupervised status of their probation. Despite these conditions, it is still easier to complete and less stressful than supervised visitation. Many defendants on probation have issues with their probation officers which can make the process more complicated. For these reasons, a defendant may want to seek unsupervised probation through a plea agreement. Pleading guilty to a criminal offense might give the defendant a chance to negotiate this type of release rather than incarceration or supervised probation. A skilled criminal defense attorney can help a defendant seeking unsupervised visitation to achieve their goals.

Not every defendant is eligible for unsupervised probation after a criminal conviction in Arizona. Defendants convicted of violent crimes and high-level felony offenses will not be presented with unsupervised probation as an option. Misdemeanor defendants, first-time offenders, and felons convicted of non-violent or serious crimes have the best chance of being granted unsupervised probation. The difference between supervised and unsupervised visitation could make a huge difference in the defendant’s quality of life after being released from incarceration. Our team will put our experience to work making sure your probation terms restrict you as little as possible. Schedule your free consultation by phone today by calling 480-470-1504.

Petition To Revoke Probation

If a defendant fails to meet the terms of their probation, the prosecutor might file a legal document called a Petition to Revoke Probation. The prosecutor might file this petition if the defendant fails to pay fines or restitution, fails to attend mandatory meetings or education courses, commits a new crime, etc. The defendant should be provided with a copy of this petition and given notice for a hearing on the matter. Like at the original trial, the defendant can question witnesses, present evidence, and otherwise defend against the allegations. However, the standard of proof that the prosecution must meet is lower at a probation hearing than the original trial. If the judge sides with the prosecution, the defendant could be sent to jail or prison. The judge could also impose additional terms on the defendant’s probation orders or extend the time period the defendant must complete. Alternatively, the judge might dismiss the petition to revoke probation and the defendant can continue as normal.

If you are a defendant currently serving probation and you receive a notice of a petition to revoke probation filed against you, your life in the free world is at stake. An experienced attorney can help mitigate any penalties or restrictions you may face for probation violations, or help prove that you are innocent of the prosecution’s claims. Don’t let small mistakes or false accusations put you back behind bars. Keep your life on track with representation from one of our experienced Arizona criminal defense attorneys- call 480-470-1504 for your free consultation today.

Dealing With Probation Issues In Phoenix Or Tucson? Schedule Your Free Case Evaluation With One Of Our Experienced Defenders Today.

Completing court-ordered requirements after being convicted of a crime in Arizona is hard work. A skilled defense attorney can negotiate for more relaxed rules and restrictions in their client’s probation orders. Quality legal counsel can also help their clients avoid throwing away their hard work if accused of probation violations. Unless you think you would enjoy your time behind bars, if you’re facing probation issues in Arizona, you should be highly selective in your choice of legal representation. Our Phoenix and Tucson criminal defense team fights passionately for our clients’ legal rights. We offer competitive rates and start the process risk-free by offering your free initial consultation over the phone. Discuss probation in your Arizona criminal defense case with a lawyer for free consultation by calling 480-470-1504.