How Can I Get My Probation Reduced or Dismissed in Arizona?
Probation is a common sentencing for convicted crimes in Arizona. According to Arizona court records, there were nearly 40,000 individuals under probation in the state. If you are currently undergoing probation and are interested in reducing or dismissing the sentencing, then you’ll find that there is an avenue available to you. By getting your probation dismissed or reduced, not only are you free of the limits on your life, but you also reduce the chance of a violation taking place and the consequences that come with it.
Probation sentencing varies from state to state. In Arizona, probation is a sentence that is most commonly attributed to misdemeanor crimes and some felonies. If you are convicted of the following misdemeanor and felonies, then it is likely that probation is part of your sentencing.
- One year probation for a Class 3 Misdemeanor
- Two years probation for a Class 2 Misdemeanor
- Three years probation for a Class 1 Misdemeanor
- Four years probation for a Class 4 Felony
- Five years probation for a Class 5 Felony
- Seven years probation for a Class 2 Felony
When it comes to both termination and dismissal, you can petition the court for these remedies once a number of conditions have been met. Arizona Revised Statutes 13-901 identifies the requirements.
A Motion to Modify Probation
In the case where you are looking to modify your probation that leads to a reduction, your attorney will need to petition the court through a “Motion to Modify Probation.” The filing can be performed at any point after your sentence has been issued.
To improve the chance that the court will approve the petition, your attorney may recommend that you serve at least a portion of your probation to show the court that you are abiding by the terms and that substantial changes are been made. By establishing a positive probation record, it is more likely that the court will grant your petition.
Alongside the petition and your probation record, your attorney may also provide the court with letters from your friends, family, and employer to bolster your position with the court.
While modifying probation for a reduced probation period is certainly a worthwhile undertaking, sometimes you may want to consider petitioning the court for a termination of your probation instead. The factors and considerations involved are more or less quite similar.
Preliminary Requirements of Early Termination
In order to get your probation terminated in Arizona, the preliminary steps are meeting certain conditions:
- Paying all fines owed to the court
- Completion of at least half of the probation sentence
- Undergo court ordered classes and treatment sessions
- Fulfill drug testing requirements
Once you’ve met the above conditions, your lawyer can then petition the court for termination. In most circumstances, the court will consider and grant the petition for termination. However, in addition to the above points being met on the petitioner’s behalf, the court will take a number of other factors into account when reviewing the petition.
Factors Involved in Considering Whether to Grant Early Termination
When considering the petition for early termination, the court will most likely grant the petition if the court believes that the end of justice will be achieved. In addition, the court will also take into account the conduct of the defendant. For example, if you have fulfilled your obligations to the court and have completed over half of your probationary period without issues and with a positive report from your probation officer, the court will most likely grant the probation.
For this reason, it is vital to ensure that you are completing your probation without violations and that you remain in good standing with your probation officer from the onset of your probation. This way, you can ensure that you have the opportunity to petition the court when that option becomes available to you.
Other factors in consideration are the seriousness of your offense, your criminal record, your requirement for relief, and whether there is a benefit to society by terminating your probation.
Timeframe for Early Termination
Arizona courts are busy, which means that you may have a wait period when you apply for early termination. On average, the process for termination takes anywhere from 3 to 4 months. As a result, if you have recently started your probation period and are interested in early termination, then you should speak to your attorney as soon as possible. This way, you and your attorney can prepare the required documents and reports for the court.
Moreover, if your case is especially complex, which means it involves felony theft, felony sale of marijuana, assault, or attempted sexual exploitation, you may want to speak to your attorney sooner than later regarding your options. In these types of cases, termination of probation is much more challenging to achieve due to the nature of the crime.
The Advantages of Early Termination
Early termination of your probation is preferable to a reduction. If you do meet the requirements for early termination and are considering speaking with your attorney, below are a few of the advantages that can be had once the court does approve your petition:
- Improved employment prospects – many employers will not hire individuals on probation
- Eligible for getting your record set aside
- Freedom from the restrictions of probation and more freedom to travel
With these advantages and others, you can lead a normal and fulfilling lifestyle. To get your probation terminated, you should speak to an attorney who has experienced in the area.
Tyler Allen Law Firm
Getting your probation terminated is a process which requires an experienced attorney. If you are interested in having your probation terminated, then the Tyler Allen Law Firm can best meet your needs. By consulting with the firm’s stellar legal team, you’ll be able to have your case heard by those who understand you and the legal aspects of your situation. Contact the firm today or call us at 602-456-0545 to start the process of terminating your probation as soon as possible.