Probation Violation & Early Termination
Probation is given at the sentencing stage of a misdemeanor or felony and is comparable to the judge allowing you to remain free from incarceration in exchange for your promise to follow a checklist of things to do and not to do.
Misdemeanor probation can run anywhere from 1-3 years in length (unless the offense is a DUI, which can run up to 5 years, or a sex offense which can be lifetime probation). There is no formal supervision for misdemeanor probation, also known as summary probation, which means you do not need to periodically report to a probation officer.
Felony probation can run anywhere from 1-7 years in length (unless the offense is an Aggravated DUI, which can run up to 10 years, or a sex offense which can be lifetime probation). Unlike misdemeanor probation, a probation officer will supervise your probation.
The terms of probation depend on the nature of your offense. For example, if you are found guilty of an alcohol or drug related offense, your probation terms may involve a curfew, timely payment of fines, counseling sessions, drug or alcohol treatment program, and installation of an interlock ignition device. For a sex offense, your probation may include counseling, timely payment of fines, and limits to your travel, computer usage, and contact with any minors (including your own children). Probation terms for a crime of domestic violence include 52 weeks of classes, a no contact order with victim(s), and timely payment of fines. For a white-collar crime, probation will be able to monitor all of your assets.How do You Get Early Termination?
If you follow the checklist of things the judge gives you, you may ask to terminate your probation early. Before doing so, the judge will want to make sure that (1) you have successfully completed the terms of your probation (such as fines, classes or restitution), and (2) there are circumstances that justify early termination (such as employment, advancement at work, or necessary travel). Although the judge has the power to terminate probation at any time during the probation period, most judges want to see people complete at least twelve to eighteen months before they will consider the request.What is a Probation Violation?
If, on the other hand, you violate something on that checklist, then you have violated your probation. Most probation violations involve a violation of the order to obey all laws because a new offense was picked up. Other common violations include failing to appear at a court date, complete a course (ie: DUI, domestic violence, anger management, parenting) pay restitution or a fine, and submit to a drug test.
When a probation violation occurs, the Maricopa District Attorney has the power to punish you with jail or prison even if you are not convicted of the new crime. Before the District Attorney does so, you have a right to have a hearing to contest the allegation just like any other charge. At this hearing you have the right to be represented by an attorney, call witnesses and use the power of the court to compel witnesses to come to court, cross-examine and confront witnesses, present mitigating or extenuating circumstances, and testify on your own behalf.How We can Help You
Lavy Law is the best firm to help you win your probation violation hearing. As a former prosecutor who has handled a multitude of probation violations, we have insider’s knowledge on how to get your case dismissed. As a present trial attorney, we know how to win your case before a judge. As a counselor at law, we know how to empower you during this intimidating process.
We ask you to read our Recent Cases to see that we have won a case just like your own.
If you are being accused of a probation violation or want early termination, Contact Us immediately for a free consultation.