This is the next post in my series on the handling of probation revocation hearings in Phoenix, Arizona. My last article discussed reasons why one’s probation may be revoked. It is important to understand that a defendant does not have to commit a new crime in order to face revocation. A supervising officer has broad discretion to request revocation for reasons such as a failed drug test, failing to regularly check in, etc. If you find yourself facing an upcoming hearing then it is important to contact a criminal defense attorney as soon as possible. In this article I will discuss the possibility of having one’s probation reinstated.
Defendants should understand that their probation will not be terminated simply because their supervisor requests that it be. The ultimate decision as to whether one’s probation should be revoked is up to the Judge. The process of the Judge making this determination begins by the supervising officer filing a violation report and the prosecutor scheduling a revocation hearing. At the hearing the Judge will hear evidence and make a decision as to whether the allegations warrant revocation. One of three things can happen at the hearing. First, the Judge can hold the hearing and revoke the defendant’s probation. Second, the Judge can choose to not revoke the defendant’s probation. The final possibility is that an agreement can be reached with the prosecutor which reinstates probation. I will address the last of these possibilities as my next article will discuss defending against revocation at a hearing.
It is common for a defendant’s defense attorney to negotiate for reinstatement with both the supervising officer and the prosecutor. Such negotiations would involve the defendant agreeing to additional conditions in exchange for being given another chance at probation. Such conditions may include extending the term of supervision, placing additional requirements on the defendant (such as additional drug testing), and more. If a resolution is reached that does not mean that the defendant will automatically be reinstated. The Judge must agree with the resolution. If the Court chooses to agree with the resolution then supervision would be reinstated with the additional requirements.
It is important for defendants to understand that probation is considered a “second chance.” If you have been accused of violating your supervision and you are reinstated then you have essentially been given a third chance. Courts have little to no patience with persons who violate supervision a second time. If you find yourself facing an additional revocation hearing then the Court will almost certainly end your supervision.
If you have allegedly violated probation then there is a chance that you may be able to have your supervision reinstated. Contact my office today to speak with a Phoenix probation hearing lawyer. I also service Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.