29 Aug All About Probation in Arizona
Probation is one of the best case scenarios for conviction, other than the charges being dropped. This is because probation does not include spending any time in prison or jail. In Arizona it can last several years and has many requirements. If you’re on probation, you’ll need to follow all the rules to be seen as compliant and stay out of jail or prison.
Getting Probation in Arizona
After being arrested and charged your case will either be sentenced (if you plead guilty at arraignment) or sent to trial. At trial you will only be charged if found guilty. Sentences received can range from time ordered prison time to probation.
Probation is a set amount of time where your freedoms are restricted and you must meet certain requirements in lieu of being incarcerated. Typically it is given to those with first-time or non-violent offenses or minors. It’s commonly used during plea bargains with the state.
The amount of time that someone might be on probation can range from seven years, for a felony charge, to just two years for a misdemeanor. There are petitions that a probationer can apply for that will stop probation early if certain criteria are met.
Probation vs. Parole
Often probation and parole are confused for each other. However, they are two different systems. Parole is given after a person has served part of their incarceration. Typically anywhere from one half to two thirds of it, and have proved to a board they have changed their ways. Probation is for those who have not been incarcerated for their crime.
The Parameters of Probation are Dependant on Your Case
There are three types of probation available in Arizona and each is dependent on your case. These types are: unsupervised, supervised, and intensive. The type of probation assigned is up to the trial judge and in some cases the minimums that a charge might have.
Unsupervised Probation
Only available for minor misdemeanors, this type does not typically require monthly visits to the probation office, home checks, or even drug testing. However, if you are arrested during your unsupervised probation you will face the same consequences as the other forms of probation.
Supervised Probation
This type of probation is the most commonly sentenced in Arizona for aggravated misdemeanors, and minor felonies. In this tier of probation, it is required that the convicted person meet with a probation officer on a set schedule, this includes coming into the office, and home checks. There may also be counseling or drug testing required.
Intensive Probation
The final type of probation is intensive and often includes many restrictions. It’s typically reserved for serious crimes and repeat offenders. In this tier of probation, the probationer is closely monitored. Their probation officer might do unannounced home visits. Restrictions include: only being allowed to go to home, to school, to work, or to medical appointments. You could also be required to pay restitution.
All Types of Probation Can Include Restrictions
The types and number of restrictions can vary from case to case. While there are general restrictions, like not committing another crime while on probation, there are many others that a judge might assign. For a comprehensive list, and an outline of expectations Maricopa County offers a handbook for those who are facing probation. Here are some of the most common types of restrictions placed for those on probation in Arizona.
- Curfews
- Restrictions on travel
- Restrictions on contacting family and friends with criminal records
- Certain social activity approval
- Restrictions on non-prescription drugs and alcohol (including not being able to enter venues that serve alcohol)
- Computer and Internet reactions
- Not able to own, use, or transport a firearm
- Drug testing
- Monitoring of assets
- Compliance during searches of home, car, computer, phone, or workspace
Violating Probation can Lead to Jail or Prison
Violating your probation, no matter the tier, can lead to consequences. This can include additional time on probation, jail or prison time, and less leniency if you find yourself facing charges again.
A Lawyer Will Fight for Your Rights
Having a lawyer on your side when facing legal charges can help you get the very best outcome on your case. Choose a lawyer who believes every case is worth the effort! This is one of the best ways to ensure you have solid representation. Todd Coolidge believes that every case deserves time and attention and will work hard to ensure the very best outcome. Not only does he have over 25 years of experience, he is also a certified criminal attorney. He knows the ins and outs of the Arizona justice system. Contact at Todd Coolidge Law Firm today for a consultation on your case.
Images used under creative commons licence – commercial use (8/28/24). Photo by Michael Moloney on Unsplash.