Our Skilled Flagstaff Criminal Defense Lawyers Can Help You Avoid the Harsh Consequences of Violating Your Probation
If you were sentenced to probation after pleading guilty or being convicted of a crime in Flagstaff and you violate the terms of your probation, you face serious penalties. Your sentence could be increased, or you may even be sent to prison. 
However, you can increase the likelihood of a more favorable outcome if you work with our experienced Flagstaff criminal defense lawyers at Griffen & Stevens, PLLC. We can present evidence to help prove you did not violate the conditions of your probation or raise a compelling argument that you had a good reason for doing so. Our attorneys explain common violations and possible defenses.
Common Probation Violations in Flagstaff
If you qualify for probation under ARS §13-901, this would be a much more favorable punishment than being sentenced to jail or prison. Generally, you may be eligible if the offense you were found guilty of is a nonviolent crime, such as a DUI, drug possession, or shoplifting. However, the judge would set specific conditions you would have to meet while on probation, such as keeping a curfew and meeting with a probation officer.
It is not uncommon for defendants to violate the rules of their probation or to have their probation officer report them to the court, even when they have a valid reason for committing the violation. Common probation violations you could be accused of committing include the following:
- Committing another crime
- Missing an appointment with your probation officer
- Failing to pay court-ordered fines or fees
- Not taking a random drug test or testing positive
- Drinking, when a condition of your probation is abstinence
- Not complying with your curfew
- Contacting individuals the judge or probation officer ordered you to stay away from
- Not attending court hearings
- Not completing a required alcohol or drug counseling program
- Not performing community service
If You Violate the Terms of Your Flagstaff Probation
Your probation officer or the prosecutor could file a motion to revoke your probation if they believe you are not complying with a specific court-imposed condition. The judge would issue a summons for you to appear at a hearing on the petition to determine if you violated your probation. They could also issue an immediate warrant for your arrest.
If the judge determines that you violated your probation, they can impose various punishments. The severity of the consequences will depend on several factors, such as whether this is your first violation and how long you have been on probation. The court will also consider whether the violation is technical, such as missing an appointment with your probation officer, or a substantive one, such as committing another crime.
The court could impose the following potential sentences:
- Issue a warning. If the violation is minor, the judge could just issue you a warning of the possible consequences of violating your probation again.
- Modify your probation. The judge could increase the length of your probation, impose additional conditions you must meet, or add other punishments, such as house arrest.
- Revoke your probation. The worst punishment the judge could impose is to revoke your probation and order you to serve a jail or prison sentence.
How a Criminal Defense Lawyer Can Help You With Probation Violations
You should not attend your probation violations hearing on your own. Here are ways our criminal defense lawyers at Griffen & Stevens, PLLC can assist you:
- Explain your options. Our attorneys can explain your possible defenses, your options for resolving the probation violation, and the sentence the judge might impose.
- Raise your defenses. Depending on your situation, we can raise procedural errors or prove you have been falsely accused of a probation violation. For example, you may not have attended an alcohol education program because you did not get the referral letter or missed a meeting with your probation officer because you did not receive notice of the appointment.
- Present mitigating circumstances. If you were trying to comply with your probation conditions, we can present evidence of mitigating circumstances that caused you to violate them. For example, you may have been trying to pay your fines but lost hours at work, which reduced your income and prevented you from making a fine payment. You could have missed an appointment with your probation officer because you had a medical emergency or could not get off work.
- Negotiate with the prosecutor. Our legal team will present arguments and evidence that show you in the most favorable light with the prosecutor and your probation officer. We may try to convince them that your probation violation was minor or unintentional and to spotlight how you have otherwise complied with your probation. These arguments may help us negotiate a deal where they agree to a more lenient penalty.
- Represent you in court. We will attend all probation violation hearings with you to present evidence and arguments that support your defenses, cross-examine the prosecutor’s witnesses, and advocate for the best outcome for you.