Probation Violation Lawyer in Phoenix 

Probation is often a welcome alternative to first offenders in criminal court. It usually allows you to serve your sentence outside the confines of prison or jail and the freedom to continue with your daily life. 

Courts also enjoy this flexibility because it reduces jail overcrowding and allows offenders to better their lives through community service and other programs without the harsh penalties of incarceration. 

However, as any Phoenix probation violation attorney knows, restrictions are easy to break, and stiff penalties for violations may follow. At Ryan Garvey Attorneys, PLC, we understand the stress associated with probation violation accusations and the potential of having to serve out your jail or prison sentence. 

Attorney Garvey, a former prosecutor, offers aggressive legal help to those facing this situation. He can apply his extensive knowledge and skills to help you fight back in probation violation hearings before the courts. 

Arrange for a confidential consultation with our probation violation lawyer in Phoenix by contacting us online or at (602) 353-7328. 

Overview of Probation Violations in Arizona

Probation is often given to individuals in Phoenix whom the court believes can be rehabilitated into society without the added punishment of jail time. Contrary to what many people think, most courts do not wish their prisons and jails to overflow. Instead, they often opt for probation, especially for first-time offenders. However, probation is frequently easy to violate, which can lead to jail time.

Probation includes requirements and conditions that can differ from case to case. The criteria for felony probations are typically more rigorous than for misdemeanor probations. The nature of the offense and prior convictions can also impact the terms of probation. 

Probation restrictions and orders can include: 

• Regular reporting to probation officers; this can also include drug counselors or mental health professionals
• Counseling
• Community service hours
• Weekends in county jail
• Drug and alcohol testing
• Payment of fines and restitution
• House arrest, often with electronic monitoring
• Committing no new offenses 
• Seeking and holding a job to demonstrate earning capabilities
• Travel restrictions
• Loss of gun rights
• Curfews
• Avoiding contact with certain people and places; this can include those protected by restraining orders/protective orders

Common Probation Violations

If you violate any probation condition or requirement, the court can issue a warrant for your arrest and may impose the initial sentence, revoke probation, or even increase the punishment. 

Typical violations include: 

• Failure to show up to the probation officer appointment
• Failure to show up to counseling session
• Failure to pay a fine
• Failure to appear in court
• Possession of a firearm
• Possession of illegal substances
• Trespass outside a restricted area
• Arrest for another crime

These offenses may appear straightforward, but they are often contained within complex restrictions that defendants do not always thoroughly read. Many defendants are unaware that they are confined to their own county and may take a day trip to a city an hour away. While this may seem harmless, it may serve as a probation violation in unique cases.

Understanding “Technical” Violations

A "technical violation" refers to failures that are not new criminal offenses but rather minor infringements of the probation conditions, such as missing a meeting with a probation officer or failing a drug test. While not criminal, these violations can still lead to significant consequences, including the possibility of being sent to jail or prison.

Probation Violation Hearings

This legal proceeding occurs if the probation officer believes you have not complied with your probation terms. This process begins with the probation officer filing a violation report, which leads to a court order for your arrest. You will then generally be arrested and held in jail. 

The court then schedules a hearing, during which the prosecutor presents evidence and arguments about your alleged violation. Your criminal defense lawyer can present counterarguments. 

During this hearing, a judge will determine whether a violation occurred and, if so, possibly modify the probation terms or revoke probation entirely. If your probation is revoked, the court may impose the original suspended sentence, meaning you may have to serve the remainder of your sentence in jail or prison. This decision depends on the nature of the violation, your history, and any new offenses committed.

Representation by Ryan Garvey Attorneys, PLC in Phoenix Probation Violation Hearings

These cases demand experienced legal action by an attorney who can fight for your best interests in court. Attorney Garvey is a proven trial lawyer and aggressive defender for those accused of probation violations throughout Maricopa County. 

Whether arguing for leniency or contesting the terms of probation, our firm can provide the steadfast support and aggressive representation you need in these critical cases. 

Reach us by email on our contact form or call (602) 353-7328 to schedule your consultation today.