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Phoenix Probation Violation Attorney

Probation Violation Lawyer in Phoenix, Arizona

It is common to be placed on supervised or unsupervised probation following a sentence for a first offense in the state of Arizona, and having been a Phoenix criminal defense lawyer for many years, Joshua S. Davidson has handled many cases dealing with probation violations. Depending upon the nature of the crime you were convicted of, probation may last anywhere from approximately 1 year to the rest of your life. Probation includes specific rules and terms, and can include community service, counseling, payment of restitution, or in some cases, jail time.

Some common probation violations:

  • Failure to pay fines
  • Failure to pay restitution
  • Failure to enroll in rehabilitation
  • Failure to enroll in or complete community service
  • Possession of illegal drugs or weapons
  • Associating with known criminals

What is the Difference Between Probation & Parole?

Most adults are familiar with the terms probation and parole, however, a lot of people are not sure how they are different. There are distinct differences, and for anyone who is facing criminal charges, they will want to understand what probation and parole means.

What is probation?

Probation refers to the situation where the courts place an adult offender on supervision in the community; they do this through a probation agency and usually in lieu of incarceration.

Some jurisdictions will sentence a probationer to a combination of short-term incarceration, followed by probation – this is called a “split sentence.” In most cases, while an offender is on probation, he or she must fulfill certain conditions of their supervision.

If the offender fails to comply with any of the conditions of their probation, it can result in incarceration. This is referred to as a “probation violation.”

In Arizona, the Adult Probation Services Division (APSD) is the agency responsible for overseeing the statewide administration of adult probation programs. The APSD works with the courts, probation departments and many non-court agencies throughout Arizona.

What is parole?

Parole refers to offenders who have been conditionally released from prison to serve the remainder of their sentence in the community. Prisoners are released to parole according to provisions of a statute, or because of a decision of a parole board (discretionary release/parole).

Much like a probationer, parolees are required to adhere to specific conditions and rules of conduct while they are in the community. If a parolee violates one or more conditions of their parole, it could result in being sent back to prison to serve the rest of their sentence.

According to the Bureau of Justice Statistics, in 2013, there were over 4,750,000 adults under community supervision. By the end of 2013, approximately 1 in 51 adults in the U.S. were under community supervision.

Phoenix Criminal Defense Attorney Joshua S. Davidson: Defending Probation Violations

A probation violation is a serious offense in Arizona, and it is very important to enlist the services of a Phoenix criminal defense lawyer to deal with probation officers and help you navigate through the court system. The consequences of violating probation can be serious, and if charged, you could be held in jail without bond while the court determines if a probation violation was committed. Unlike a trial where the prosecutor has to prove your guilt beyond a reasonable doubt, the court need only find a preponderance of the evidence before holding you in violation of your probation.

If you or someone you care about has been charged with violating felony or misdemeanor probation in Phoenix, Scottsdale, Glendale or Tempe, you need a committed and aggressive criminal defense lawyer at your side to fight for your rights in order to achieve the best possible results.

As a former Phoenix prosecutor, Joshua S. Davidson knows exactly how to ensure the best outcome of your probation violation, and will put his knowledge and experience to work for you. Contact the Phoenix Law Offices of Joshua S. Davidson today to discuss your probation violation.

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