This post wraps up my series on dealing with a probation revocation proceeding in Phoenix, Arizona. My goal with this series has been to help Arizona defendants know what to expect from the process so that they may approach their situation in a more informed manner. I cannot stress enough that one should contact a criminal defense lawyer immediately if they are facing a probation revocation proceeding.
I have addressed several topics over my recent articles. Subjects I have looked at included:
- Circumstances under which one will be found to have violated probation
- How one can defend themselves at a probation revocation hearing
- The possibility of negotiating reinstatement of one’s probation
One thing that I have stressed over each of these posts is that the revocation process is not the same as a criminal trial. First, revocation is decided by a judge rather than a jury. Second, the standard of proof required for revoking one’s probation is much lower than what is required to convict a defendant of a crime. Finally, it is important to understand that one will not necessarily have their probation revoked, and be sent to prison, simply because the revocation process has begun. In other words, a revocation proceeding is a very different process than the one you may have faced at the time your conviction was entered.
One of the biggest mistakes defendants make is to think that all hope is lost once they pick up a new charge or once they are otherwise told by their supervising officer that a revocation proceeding will begin. As I have discussed in this series, there are a number of possibilities under which one may be able to gain a second chance from the Court. These may include agreeing to additional terms of supervision, agreeing to other requirements, or demonstrating evidence that revoking one’s supervision is not in the public’s best interests. Arizona residents facing this situation should understand that such matters are not a “do it yourself” project and that they need legal representation.
In addition to Phoenix, I also represent Maricopa County defendants in Mesa, Glendale, Scottsdale, Chandler, and Gilbert and Pima County residents in Tucson. Contact my office today to speak with a criminal defense lawyer.
