Many people take probation as the best alternative to incarceration. Instead of spending months or years behind bars, probation allows you to serve your sentence in freedom. You can work and earn a living, run your business, care for your loved ones, and engage in fun activities. However, probation has strict terms and conditions that you must abide by. These conditions restrict you from enjoying complete freedom and sometimes living fully. For example, you cannot travel out of a particular jurisdiction while on probation. You must also meet regularly with your probation officer to review your progress.
In addition to meeting some of your probation requirements, like receiving treatment or rehabilitation, you must be careful not to violate your probation. Violating probation results in grave consequences. It can result in an arrest, fresh criminal charges, and more stringent probation conditions after a future arrest. A skilled criminal attorney can explain all this and help you determine ways to abide by your probation conditions. Then, you will not have to worry about the severe consequences of a violation.
An Overview of Probation Conditions
Probation is usually an alternative to incarceration for defendants who can serve their sentence while in the community. Most defendants prefer it because they can keep their jobs, finish school, and remain connected to friends and family. Judges issue probation because it helps rehabilitate and reintegrate offenders into the community. Probation also helps reduce the likelihood of offenders reoffending again. This is because defendants on probation are usually under strict supervision by the court and probation department. They also enjoy support from their families and the community in general.
However, probation is not always as lenient as it seems. It comes with restrictions and conditions that the defendants must fulfill to avoid incarceration. The judge sets strict probation conditions during sentencing according to a defendant’s underlying charges. You must comply with these conditions to be considered to have served your sentence successfully. Most of these conditions are designed to keep you from reoffending and promote public safety.
Since probation conditions are generally strict, it becomes challenging for defendants to abide by them. Violating these conditions results in severe consequences, of which the defendant is informed during sentencing. Some defendants start their probation very well but encounter trouble, especially in adhering to their probation conditions, later in their probation. Probation periods are usually long and sometimes longer than jail and prison sentences. A misdemeanor probation can last up to three years, and felony probation can last up to five years. Some defendants find it challenging to abide by some probation conditions for that long.
When the judge sentences you to probation instead of jail time, they must impose some conditions you must honor throughout the probation period. You can face severe repercussions for violating one or more of these conditions, even towards the end of your probation. Typically, judges set probation conditions to help you remain productive and abide by the law during the probation period. Here are examples of the most common probation conditions under Arizona law:
Regular Meetings with The Judge or Probation Officer
Remember that judges set probation conditions depending on the details of your case. If you are guilty of a misdemeanor, and the judge sentences you to probation, you must submit periodic reports to the judge about your performance and progress. However, if you are on felony probation, you must check regularly with your probation officer. The officer will write a report to the court detailing your performance. They will also periodically check on you to ensure you abide by all your probation conditions. If you violate any condition, your probation officer will report it to the court for the judge to take action.
Not To Commit a Crime While on Probation
You violate your probation if you are arrested or charged with a crime during the probation period. The judge will inform you of the need to abide by all the laws while on probation. This condition ensures defendants are careful with their actions and those they associate with while on probation.
To Continue Education to Find Employment
You must engage in something meaningful during probation, whether continuing your education or finding employment. This will keep you engaged, ensure you remain within the court’s jurisdiction, and help meet your necessities. Additionally, you are least likely to reoffend when you are busy.
A Requirement to Submit to Random Alcohol and Drug Testing
If you are on probation for a DUI-related offense, or the judge determines that you have an alcohol or drug problem, you could receive this probation condition. The judge will require you to submit to regular and random alcohol and drug tests during your probation period. Failure to do so can result in a rearrest and fresh charges for a probation violation or a DUI charge.
Completing Treatment or Rehabilitation
You could be required to enroll in a treatment, rehabilitation, or counseling program in a court-approved school as part of your probation. You must remain in the program for a predetermined period, typically 18 to 30 months. The people running the program must provide a detailed report about your performance. If you fail to enroll or complete the program, you will violate your probation and can face severe consequences.
A Requirement to Adhere to Travel Restrictions and Curfew
The judge can order you not to travel outside the court’s jurisdiction during probation. This will make it easy for the probation department to watch you closely. It will also be easy for the police to track you down just in case you are needed back to the court.
Additionally, you could be subjected to a particular curfew, depending on the circumstances of your case. A curfew ensures you are not outside your home after a specific time of the day or night. A violation of your curfew can also result in grave consequences.
Paying Restitution and Court Fines
If your sentence includes paying a court fine or restitution to your victims, the judge will order you to pay within a particular period. Failing to do so is a violation of your probation.
What is a Probation Violation?
You violate probation when you fail to abide by the conditions set by the judge during sentencing. The judge sets these conditions to ensure you serve your sentence successfully while out of incarceration. The conditions are designed to help you comply with the law as you work and meet societal expectations.
A probation violation can take any form, whether a minor oversight like failing to meet your probation officer or a grave violation like committing a felony. Judges tailor probation conditions according to each case and need. They also explain the conditions to ensure you understand what is expected of you and the likely consequence of a violation.
Even a minor probation violation can result in a substantial consequence, like a rearrest and incarceration. For example, if you fail to register in a court-ordered DUI school, the judge can issue a warrant for your arrest. After holding a hearing to determine the consequence of the violation, the judge can decide to send you to jail for the required period for the underlying offense. Although some violations seem trivial, you should not ignore them, as they can result in grave consequences. A record of probation violation can affect you in the future, especially if you are arrested again. The judge can sentence you to jail instead of probation if you have a record of probation violation.
The criminal justice system uses the probation department to ensure that defendants serving their probation sentences follow the set terms and conditions. When a judge sentences you to probation, they allow you to avoid serving time behind bars. A probation violation undermines the court’s trust in you and triggers legal consequences.
Consequences of Probation Violation
Judges have various consequences for probation violations, depending on a defendant’s underlying conviction and the type and gravity of the violation. Thus, the consequences of a violation can be minor or severe. Your criminal history will also determine how the judge will handle your case. Here are the possible consequences:
A Reprimand or Warning
When you violate probation, the judge holds a hearing to determine the circumstances and consequences of the violation. The probation department will present its report, allowing you to defend your actions. If the judge determines that the violation was trivial and not intentional, they will reprimand you and warn you against future violations. Consequently, you will be allowed to continue your probation.
Judges use reprimands and warnings for first-time and minor violations. They will ensure you understand the need to abide by the set conditions before letting you go. A subsequent violation after a reprimand or warning will be treated harshly.
Probation Extension
The judge can change some terms of your probation after a violation. For example, depending on the severity, they can extend your probation by a few or several months. This means a more significant sentence than what you received during sentencing. Remember that probation is not always an easy alternative to incarceration. Some probation conditions make it difficult to enjoy your life. Therefore, an extended probation means a longer, difficult, or more boring life.
Additional Probation Conditions
The judge can also decide to reinstate your probation after a violation but add more probation conditions to your sentence. The additional probation conditions will depend on the details of your case and the violation. For example, you could be required to pay more restitution or attend an anger management class. The judge can add a curfew to your probation, requiring you to be indoors within specific times. This will make your sentence even more difficult.
Other additional conditions you could receive include more check-ins with your probation officer and mandatory counseling.
Mandatory Community Service
The judge can order you to perform specified hours of community service for violating your probation. If community service was included in your probation, the judge can add more hours as an additional probation condition. You must perform this service outside your work, school, and family time, which can be inconveniencing.
Probation Revocation
A grave probation violation will result in a canceled probation. For example, if you flee the court’s jurisdiction or commit another crime while on probation, the judge will discontinue your probation. This means you will be sent to jail for the period required under the law for the underlying offense. If you commit another crime, you will still face trial and possibly be convicted, increasing your jail sentence.
Remember that you lose your freedom once you are sentenced to jail or prison. You cannot work, continue your education, or care for your family as you would do while on probation.
Additional Criminal Charges
Some probation violations can result in fresh criminal charges. For example, if one of your probation conditions was to adhere to a particular court order, you could be charged with contempt of court for violating it. This could result in a trial and incarceration for the violation, enhancing your sentence for the underlying offense.
Judges also use incarceration to punish severe probation violations. For example, if you violate several of your probation conditions or have a history of probation violations, the judge can cancel your probation and send you to jail. Incarceration can also involve serving a sentence for your underlying offense in jail.
Find a Skilled Criminal Attorney Near Me
If a judge sentences you to probation instead of jail, you must do everything possible to serve your sentence without any violations. A probation violation is a severe matter and can result in grave consequences, including cancellation of your probation and incarceration.
If you face a hearing for violating your probation in Phoenix, we can help you understand your legal situation, options, and possible consequences at Phoenix Criminal Attorney. We can also help you fight the consequences of your probation violations. We can introduce mitigating factors in your case to compel the judge to reinstate your probation. Call us at 602-551-8092 to learn more about probation violations and our services.
