Being sentenced to probation can mean avoiding some or all of the jail or prison time that might otherwise follow a criminal conviction. But probation comes with conditions, and violating those conditions can put you back in front of a judge, sometimes with serious consequences.
If you missed an appointment with your probation officer, failed a drug test, were arrested for another offense, or are accused of breaking another condition of your probation, you may be wondering: What happens now? Will you automatically go to jail?
Not necessarily. What happens after an alleged probation violation in Arizona depends on the type of violation, the circumstances surrounding it, your original conviction, and your history while on probation.
With over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner. We help Arizona clients facing criminal charges and probation violations understand what they are accused of, what may happen next, and their options for responding.
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What Is a Probation Violation in Arizona?
When a court places someone on probation, that person must comply with the conditions imposed as part of the sentence. Those conditions vary depending on the offense, the individual, and the type of probation ordered.
A probation violation occurs when someone is alleged to have failed to comply with one or more of those conditions. Depending on the case, this could involve:
- Missing required meetings with a probation officer
- Failing or refusing a required drug or alcohol test
- Using prohibited drugs or alcohol
- Failing to complete required treatment, counseling, or classes
- Failing to pay court-ordered restitution when able to do so
- Leaving an approved jurisdiction without permission when permission is required
- Failing to comply with electronic monitoring requirements
- Violating restrictions on contact with particular people or places
- Possessing prohibited weapons
- Being accused of committing another criminal offense
Not every person on probation has the same conditions. The first question in any alleged violation is therefore whether the conduct actually violated a condition that applied to that person’s probation.
What Is the Difference Between a Technical Violation and a New Criminal Offense?
Probation violations generally arise in two very different ways. A technical violation involves an alleged failure to follow a condition of probation without necessarily committing a new crime. Missing an appointment, failing to complete required treatment, or violating certain reporting requirements may fall into this category.
A new criminal offense is different. If someone on probation is arrested or accused of another crime, the alleged conduct may create both a new criminal case and a probation violation proceeding.
The distinction can matter because the circumstances surrounding the violation may affect how the probation officer, prosecutor, and court respond. An arrest by itself also does not establish guilt on the new criminal charge. However, a new allegation can still create immediate problems for someone who is already on probation.
Can You Be Arrested for Violating Probation?
Yes. Arizona law allows the court to issue a warrant for the rearrest of a person on probation when appropriate. A probation officer may also rearrest a probationer during the probationary term and bring that person before the court.
That means an alleged probation violation should not be ignored simply because no new criminal charge has been filed.
Depending on the circumstances, the probation department may initiate revocation proceedings, and the court may issue a summons or warrant requiring the probationer to appear.
If you learn that a warrant may have been issued or that your probation officer believes you violated probation, addressing the situation promptly can be important.
What Happens After an Alleged Probation Violation?
An allegation that you violated probation does not automatically mean your probation will be revoked. Arizona’s criminal procedure provides a process for determining whether a violation occurred. After the probation violation process begins, the probationer is informed of the alleged violations and has an opportunity to admit or deny them.
If the probationer denies the allegations, the court can hold a probation violation hearing. At that hearing, the court considers evidence to determine whether the probationer violated a written condition or regulation of probation. The proceeding is different from a criminal trial, but the probationer still has important rights during the process.
If the court does not find a violation, the probation revocation proceeding can end without the probationer being found in violation.
If the court finds that a violation occurred, the case moves to the next question: what should happen to the probation sentence?
Does a Probation Violation Automatically Mean Jail or Prison?
No. A judge may have several options after finding that someone violated probation. Depending on the case and applicable law, the court may modify or add conditions of probation, reinstate the person on probation, or revoke probation.
For some violations, that might mean remaining on probation with additional or more restrictive requirements. For others, particularly when the violation is serious or repeated, the possibility of revocation and incarceration may become much more significant.
The outcome depends on the original offense, the nature of the violation, the person’s performance on probation, criminal history, applicable sentencing laws, and other circumstances the court may consider.
What Happens If Your Probation Is Revoked?
Revocation is different from simply modifying or reinstating probation. If the court revokes probation, the judge may impose a sentence that was available for the original criminal offense, subject to the laws applicable to that case. Depending on the original conviction, it may/can potentially include jail or prison.
This is an important point: a probation revocation proceeding is tied to the case for which you were already placed on probation. If the alleged violation involves a new criminal offense, you may also have to address that new case separately. As a result, someone accused of committing another offense while on probation can potentially face consequences in both proceedings.
Can Your Probation Be Extended After a Violation?
Potentially. Arizona law addresses how probation periods are calculated when a violation occurs. If a court determines that a person violated probation but reinstates probation, the period between the violation and restoration of probation generally is not counted toward the probation term.
The running of the probation period can also stop during certain unauthorized absences from supervision and while probation revocation proceedings are pending. This means a probation end date may not necessarily remain unchanged after a violation proceeding.
Arizona also establishes different maximum probation periods based on the classification and type of the underlying offense, with special rules applying to certain offenses.
What If You Made a Mistake but Have Otherwise Followed Probation?
The circumstances matter. Missing one appointment after months or years of compliance is not necessarily the same situation as repeatedly ignoring probation requirements. Likewise, there may be an explanation or evidence relevant to an alleged violation. After finding a violation, a court may have options other than revoking probation, depending on the case.
If something has gone wrong, do not assume there is no point in addressing it. Keep records that may explain what happened, including communications with your probation officer, proof of treatment or program attendance, payment records, medical documentation when relevant, or other information connected to the alleged violation.
Most importantly, do not ignore notices from your probation officer or the court.
Are Drug-Related Probation Cases Different?
They can be. Arizona has specific probation provisions for certain convictions involving personal possession or use of controlled substances or drug paraphernalia. In qualifying cases, the law can require the court to establish new conditions after a probation violation, such as intensified drug treatment, community restitution, intensive probation, or home arrest.
The circumstances under which incarceration or revocation may be imposed in these cases can also differ from ordinary probation cases. Because these rules depend on the underlying conviction and the nature of the alleged violation, someone on drug-related probation should not assume that the same rules apply to every Arizona probation case.
What Should You Do If You Are Accused of Violating Probation?
First, take the allegation seriously. A probation violation does not necessarily mean you are going to jail or prison, but ignoring the situation can make matters worse. Do not miss a required court appearance, disregard instructions from your probation officer, or assume that an alleged technical violation will simply disappear.
It is also important to understand exactly what violation has been alleged. The underlying probation conditions, communications with your probation officer, available evidence, and circumstances surrounding the allegation may all matter.
If the alleged violation involves a new criminal charge, be especially careful about discussing the facts of that case without understanding how your statements could affect both proceedings.
A Probation Violation Does Not Have Just One Outcome
Probation violations can range from a missed appointment to an allegation that someone committed a new felony. The possible consequences can be just as varied. The original conviction, conditions of probation, type of alleged violation, prior compliance, criminal history, and evidence surrounding the allegation can all affect what happens next.
That’s where Jeff GOULD Law can help. If you are accused of violating probation in Arizona, understanding the allegation and your options before appearing in court can help you make informed decisions about how to respond.
We serve clients in Tucson, Oro Valley, Marana, and other communities across Southern Arizona and help people facing criminal charges and probation violations navigate the legal process ahead. A probation violation can put your freedom and the progress you have already made at risk, but an alleged violation does not automatically mean your probation will be revoked.
Accused of Violating Probation? Don’t Delay.
Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your individual situation. Further, this information does not create an attorney-client relationship.