Can Probation or Parole Be Revoked for Any Reason?
Arizona expects defendants who receive the privilege of probation or parole to uphold and abide by the rules set forth by an Arizona court.
It is generally understood that probation or parole privileges are preferable to time in prison, which is why Arizona law treats probation and parole violations seriously.
One of the potential consequences of violating the terms of probation or parole is to have these privileges revoked.
Probation cannot be revoked for any reason, however.
Arizona law is clear that probation can only be revoked if a defendant has violated the terms of probation or parole.
Arizona Law on Probation Revocation
A.R.S. §13-901 outlines that a defendant who commits any additional criminal offense while on probation or violates any probation/parole condition may have their probation revoked at any time before the probation period expires or terminates.
Effectively, the slightest misstep that violates probation terms can be all it takes to have probation revoked.
More realistically, however, is that a minor mistake will be met with a warning from the defendant's probation officer.
An officer who issues such a warning will likely inform the defendant that a future violation could lead to the probation officer seeking a "Petition to Revoke Probation."
A.R.S. §13-901 gives probation officers a great deal of discretion when deciding whether to issue a warning or take the steps toward revoking probation.
If the officer opts to start the petition process, then court procedures governed by A.R.S. Rules Crim.Proc., Rule 27.8 will eventually conclude with a judge determining whether the defendant violated their probation.
If, on the preponderance of the evidence, a probation officer is able to prove that a probation violation occurred, then a deposition hearing is held to determine whether probation should be revoked.
What Are the Consequences of Probation Revocation?
It is no overstatement to suggest that probation revocation is capable of significantly altering the trajectory of a defendant's life.
That said, the severity of the consequences will depend on the judge's discretion.
For example, Arizona law allows the court to sentence defendants serving multiple terms concurrently to be sentenced to serve those sentences consecutively after probation is revoked.
Alternatively, a judge who revokes probation could require to serve a specified period of time in jail or even serve the remainder of the original sentence.
Defendants facing the risk of probation revocation should know that probation or parole violation is the worst case scenario from a defendant's perspective.
With the help of an Arizona criminal defense lawyer, defendants can appeal a decision to revoke probation as well as pursue a more amicable resolution with the probation officer or prosecutor.
How an Arizona Criminal Defense Lawyer Helps Defendants Facing Probation or Parole Revocation
The best case scenario for a probation or parole violation, for example, is what is referred to as a continuance.
At a deposition hearing for a probation violation, a court that issues an order for continuance is simply stating that the probation period and terms of probation will continue in spite of the violation.
As opposed to having probation lengthened, modified or revoked altogether, a continuance is clearly the best outcome from a defendant's vantage point.
A criminal defense lawyer can pursue this outcome before probation is revoked by discussing your case and the reason for your probation non-compliance with a probation officer.
Resolving these issues at the lowest level is often in the best interests of a defendant who has violated a term of probation or parole.
Even if probation has already been revoked, all is not lost.
A defense lawyer can help you argue that the decision was not justified since it was not supported by any legally recognized theory of evidence.
If you have had probation revoked or are facing the possibility of a Phoenix probation violation, our dedicated team at Tyler Allen Law Firm will provide your case with the quality legal defense you need.
Contact us today to discuss your probation violation with an Arizona criminal defense lawyer who is committed to protecting your legal rights.