What Is Arizona Probation?

Probation is essential to Arizona’s criminal justice system and is commonly adopted as a plan of punishment and rehabilitation when the court has determined that a defendant’s specific criminal offense warrants further discipline, yet incarceration may not be needed or necessary. Probation is meant to be a type of punishment that is similar in kind to incarceration, instilling in the defendant the idea that breaking the law will not be tolerated. Defendants on probation are subject to conditions the court imposes, which they must follow through their period of supervision. Anyone who completes their term of probation successfully will have their probation terminated, but anyone who violates their status is subject to various penalties.
Probation is classified as either supervised or unsupervised, but a majority of defendants end up being assigned to a supervised probation. While on supervised probation, defendants must report to an officer of the court and submit to certain requirements based on the terms of their probation as well as their level of offense . This level of supervision serves as a way of helping to rehabilitate the defendant by keeping track of their progress during their probationary period.
No probation period requires supervision in order to establish the guidelines that the defendant must follow. This is particularly common in cases where there is a significant amount of time remaining on the individual’s scheduled probation sentence. In other scenarios, such as where there are children involved or the defendant has committed certain sex crimes, courts are more likely to impose a supervised probation.
Usually, when someone is given a sentence in Arizona, it includes some amount of probation as their punishment, regardless of their offense, whether it is serious or relatively minor. Though these sentences are commonly used by courts as alternatives to incarceration, revoking a person’s probation can result in time in prison, so anyone given a probationary sentence should remain committed to following the rules and conditions of their probation. Being subject to probation supervision may help individuals stay out of trouble or correct any errors they made in their past.

Arizona Probation Types

Arizona probation comes in a variety of types and each has its own set of rules and conditions. The four main types of probation available in Arizona are standard probation, intensive probation, supervised probation and unsupervised probation.
Standard probation is the most common type and has less supervision than intensive probation. With standard probation an offender will be required to check in with their probation officer periodically and report any updates in certain areas of their life like employment or residency.
Intensive probation has a much higher level of supervision than standard probation. Compliance with the terms of probation are more closely monitored, and contact with the supervising agent is encouraged to be more frequent. Maintenance of an employment relationship is mandatory while on intensive probation, and random drug and alcohol testing is performed.
Supervised probation is similar to intensive probation, but the probation officer has greater discretion in supervising the individual. Instead of meeting in person with the offender and other officers, the offender may perform tasks in lieu of meeting. The actual requirements vary depending on the individual.
Unsupervised probation is designed for offenders who the court has determined pose less of a risk to the public. Unsupervised probation allows the offender to live their life without any supervision, provided they follow the rules and conditions set forth by the court. Unsupervised probation can only be issued after the offender has had their probation period reduced or terminated. Punishments for violating probation on an unsupervised case are often much more strict.

Who Qualifies for Probation?

To be eligible for probation in Arizona an individual must meet certain requirements set out by the law. One of the factors that is considered is the seriousness of the current charge, along with any previous criminal history or if you have been placed on probation in the past and what your behavior has been like when on probation. Other factors include your age and mental condition. It is essential that you speak to an experienced criminal defense attorney who has handled many probation violations and understands what the courts are looking for when you have violated your probation.

Probation Terms and Obligations

The conditions and requirements imposed on individuals while they are on probation begin immediately when the probation is granted. Failure to follow the rules will cause the probationer to be summoned to the court to determine if the conditions are being followed as ordered. These court appearances can be very stressful for the probationer, especially when they are unrepresented.
Most of the following will apply to probationers and parolees supervised by the State Probation Department. County Probation may have different conditions that a judge can impose. Examples of conditions are: meet with a probation officer once a month; maintain employment; submit to drug testing; seek substance abuse treatment; curb alcohol and illegal drug use; perform community service; pay restitution and pay supervision fees; do not own or possess any negative materials or implements that can be used for common criminal acts such as graffiti. Do not leave the State of Arizona without approval. Do not possess, own or control a firearm unless your conviction was a "misdemeanor." Check in with the probation officer weekly, and keep them updated about your whereabouts. And, while a probationer and his supervision officer should both have copies of the rules and requirements, the officer is a good place to start to learn what you are expected to do and not do.
What happens if you violate the rules? Almost always, you will be summoned to court, and given a "presentence report" to review before you appear in front of the judge. A presentence report will contain all of the information about your probation violation gathering from the supervision office’s database from your supervision officer and his supervisors. The judge will also have this information. Even though you are not being sentenced to prison a presentence report can be used against you, just like in felony sentencing. The report should be reviewed carefully. The probation officer can "correct" mistakes but you need to point them out to the officer so they can come to the correct conclusions.
Unless the violation is extreme such as murder while on probation, a court date will be scheduled, and more than likely the probation will continue, unless the probationer committed a new crime. But even with a new crime, probation can continue. Department Orders also provide for a "violation hearing" which permits a probationer to contest the information in the presentence report, as well as the circumstances alleged to be a violation. If these issues are not contested at the violation hearing the judge will make a quick decision to revoke or modify probation using the information in the presentencing report.

Probation Violations and Penalties

Violations are defined as conduct by a probationer that is not permitted or ordered. An example would be a probationer moving outside the state of Arizona without verifying that the new location will accept him or her for supervision. If, after the move, the Department of Corrections (DOC) advises the judge that the new location does not have the resources to supervise that person, the judge may issue a warrant for the person’s arrest based on a probation violation.
The general rule regarding violations is that if a person commits a misdemeanor while on probation, that misdemeanor will count toward a violation. But felony conduct will have to be proven. For example, if a person is on probation for felony possession of a narcotic drug and is caught stealing a motorcycle, the stealing charge would count as a violation. However, if the person is actually caught possessing narcotic drugs, that possession must be proven. Thus, a violation may result in revocation of probation whereas a finding of wrongdoing in a future case may not result in revocation.
Another example of probation violation could be if a probationer has been ordered to attend substance abuse counseling but fails to do so. In such a case, the probation officer may issue a notice to appear to verify the violation. If the violation is confirmed, the probation officer may file a petition to revoke with the court. Upon finding a violation , the judge has broad discretion to impose a sanction. The judge may elect to continue the probation, which includes warning the probationer about future violations. Or the judge may impose other sanctions as outlined in A.R.S. § Probation 3767.1. Penalties may include: reinstatement of probation with a modification of terms, drug or alcohol screening, placement of the probationer in a residential treatment program, periodic compliance reporting, probation verification, suspension of the probationer’s driver’s license, imposition of a probation surcharge, and a fine. A person can also be made to pay a victim restitution. If none of these sanctions work and the problem persists, the judge may revoke the probation and order a sentence. This could mean imposition of the original sentence that was deferred when the probation was granted. But revocation can also result in jail time (up to six months on a misdemeanor and up to the statutory maximum on a felony). If a person is sentenced to jail time, he or she may later be considered for release on a modified probation term. This means that the judge may reinstate the original probation terms. The procedural steps that may result in revocation of probation include: issuance of a warrant for the probationer’s arrest; the probationer’s arrest; appearance before the jail judge; initial appearance hearing; and the revocation hearing itself.

Your Probation Officer’s Role

When you have received probation in Arizona, your probation officer will become your point of contact with the criminal justice system. The officer has been trained to act as your authority figure, but the officer’s main responsibilities are actually to make sure that you are complying with the terms of your probation. The probation officer is not there as 24/7 "company" for you or as your babysitter, and you will find that he or she treats it as such. So it is important for you to take your probation very seriously and understand that the officer’s job is to enforce the terms of your probation just as it was the court’s job to set them in the first place.
Your probation officer has a variety of responsibilities regarding your probation, including the following:
The probation officer is required to report your compliance with your probation terms to the court on a regular basis as well. The department of probation will send out notices automatically for violations of any kind. If you aren’t paying your fees, if you missed appointments or if you missed reporting into the probation office, the probation officer must report it. Even if the probation officer feels that you should not be back in front of the court and that the court was too harsh with you, the probation officer will still have to report it.
The probation officer in Arizona also performs home visits up to and including urinalysis testing. The department will choose homes to visit at random and at times that they deem important to prevent any chance of the probationer’s concealing something they shouldn’t be doing (like drug or alcohol abuse).
Most probationers find that they develop a good working relationship with their probation officer quickly. The probation officer can then become a valuable ally in the whole process. If you miss a payment or get held over for a small technical violation, the probation officer may be able to plead your case to the court to have it overlooked in favor of you not having any other violations. They do have a job to do, however, so don’t expect to just get away with whatever you want to do. Follow directions, act as you should act, don’t try to upset the probation officer and you’ll find that the officer is generally willing to work with you and help as much as they can. That’s why they’re there—to guide you so that you do not end up in front of the court again with a possibly harsher sentence.

The Timeline of the Legal Process

When it comes to dealing with issues relating to terms of probation, the best possible advice we can give anyone is to obtain the advice of an experienced criminal lawyer. This is a rule of thumb we have for anything related to the criminal law, but the complexities involved in issues regarding probation (for anyone either on probation or facing potential probation terms) makes having someone who is familiar with the laws and procedures essential if you are to avoid potentially damaging consequences.
Probation Violations
The most important thing regarding violations of probation is that this is a highly technical area of the criminal law. At the time of the alleged probation violation, the person facing the alleged violation has many civil rights under the law. Courts are hesitant to use any of these rights against a party accused of probation because of the consequences the alleged violation could possibly carry. If the person facing the violation does not have someone representing them who was well versed in the technical rules and the civil rights involved, their rights will be far too easily violated. In any situation where you may be facing a probation violation, we recommend you contact a criminal law attorney as soon as possible. This is absolutely not the place to represent yourself – you need someone who knows all the little rules and regulations the courts will use against you if they can and who knows all the loopholes too.
Probation Terms
Getting a good deal on a plea bargain is not unlike negotiation in anything else in life: it’s what you get out of it, but also what you put into it. There is a lot of money to be made in the criminal justice system off probation cases and, no matter how much respect the county attorney has for your lawyers negotiating skills, they are still in the business to make money off your case. To illustrate this, we’ll point out one county attorney’s office’s statement that the prosecutor will only make money if the probation is violated. They’re probably not going to say that when asked why a certain proposition could not be worked out, but it gives you an idea of the priorities at work. Just like in buying a car, you can pay full price, or you can negotiate it down. If you are represented by the right lawyer(s), you may be able to save yourself some money on your probation. Once the terms of the probation have been agreed to by all sides and accepted by the judge, it is then up to the probation officer and his/her staff to make sure the probation is followed.

Supporting Resources for Probationers

Navigating the probation system in Arizona can be a daunting experience, but there are numerous resources and support systems available to help you along the way. These can include community programs, counseling services, and guidance through the legal process for those who need assistance with specific issues. From hands-on counseling to financial and mental health support, the following resources can help ease the burden of a probation term and allow you to more successfully complete your obligations.
Community programs are often available to help probationers get back on their feet, providing support with employment, housing, mental health and substance abuse issues, and even parenting. These programs can often be found through local churches or community centers, and they can be an excellent resource for those on probation, especially men and women released from prison.
Counseling services can be a powerful tool for those placed on probation. Depression, anger issues, substance abuse problems , and other obstacles can all interfere with a successful probation term. Counseling can help address these problems and provide probationers with the plan they need to move forward in life. In group and individual settings, counseling can help people on probation to overcome the challenges that may have led to their convictions in the first place.
Many probation officers refer probationers to self-help programs to assist them with coping strategies or provide information and education about how to successfully complete their terms. These may involve support groups or information centers that can help keep people on track while they are on probation.
Probation agencies are often helpful in referring people to programs for employment, education, housing, mental health, and other resources. They can also assist probationers in understanding their obligations and requirements as part of their terms. By working with your probation officer, you may be able to find the help you need to complete your terms successfully and avoid additional charges or penalties for a violation.