Probation can be part of a conviction sentence, or it can be a partial reward for good behavior while serving time. However, when a person is on probation, they are still in the process of meeting the Court’s requirements. The standard for proving a person has violated probation is not the same as obtaining a criminal conviction; a Judge has a great deal of leniency in revoking probation and making a defendant serve the rest of their sentence. If you have been accused of violating probation then hiring an attorney to represent your interests can make the difference between remaining free and going back to prison. Bretton Barber is a Phoenix area attorney representing those accused of violating probation. Call today to speak with a lawyer.
Arizona lawyer defending those during probation violation hearings
When you are on probation you are often required to attend a number of requirements and abide by all laws. If you are found to either violate even a minor law or do not meet the requirements of the Court then you may be sent back to jail. Typical probation requirements include:
- Passing regular drug and alcohol tests
- Meeting regularly with a probation officer
- Attending drug or mental health counseling
- Attending anger management courses
- Performing community service
- Refraining from being arrested on suspicion of a new crime
There are two ways in which probation can be violated. The first is if you are arrested on suspicion of a new crime. This will result in appearing before a Judge. Even if you are later released or charges against you are dismissed in the second case, being a suspect may be enough for a Judge to violate your probation. The second way is your probation officer may send a negative report to the Court if you are not fulfilling requirements and recommend that your probation be revoked.
Bretton aggressively defends clients at probation violation hearings. During the hearing, Bretton will present evidence to show how well the client is doing on probation. This may include evidence of steady work, attending educational classes, fulfilling community service or mandatory counseling hours, etc. If possible, he will argue that a mistake has been made and that the defendant did not violate probation. If this is not possible, Bretton will attempt to make a negotiation that will prevent you from having to go back to jail. This may include extending probation or agreeing to additional hours or requirements.
If you are currently on probation, you likely understand how important your freedom is. Bretton understands that it is possible to make a mistake on probation, but that does not mean that a person deserves to go back to prison. Contact us today to speak with a lawyer. In addition to Phoenix, our attorney represents defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson.
Arizona attorney fighting for a fair resolution at probation violation hearings
In a criminal trial, a Judge must follow rigid rules and procedures. In a probation violation trial, the Judge has a great deal of leeway. The prosecutor does not have to prove that the defendant violated probation beyond a reasonable doubt in a probation violation case. However, a Judge does not have to violate a defendant’s probation even if the defendant did clearly make a mistake. Bretton Barber knows what a Judge is looking for during a hearing, and understands how to present a client’s circumstances in the best possible light. Bretton is often able to negotiate for a fair resolution that may include stricter requirements or a longer probation sentence. If your goal is to avoid jail or prison time, Bretton Barber will do whatever possible to save your freedom. Contact him today.