If you are convicted of a crime in Arizona, probation may be part of your criminal sentence. Probation is generally available for defendants who are convicted of non-dangerous crimes. Learn more about what probation is, what to expect from a probationary period and how an attorney can help.
What Is Probation?
Probation is a potential part of a sentence for a criminal conviction in Arizona. It is a period of time where the defendant’s rights are restricted in a way that is determined on a case-by-case basis. In general, probation is used as an alternative to a jail or prison sentence for a defendant who has been convicted of a crime. If the defendant violates any terms of probation, he or she may be sent to jail instead.
The general requirements for a sentence that includes probation are listed in Arizona Revised Statutes Section 13-901. This law gives the courts the right to suspend a jail sentence in lieu of probation if the convicted person is eligible. If so, the courts must place the person on supervised, unsupervised or intensive probation – as the court deems appropriate – without delay. If probation is granted, the courts will impose terms or conditions the offender must follow, or else risk the revocation of probation.
Types of Probation
The type of probation you are placed on as a criminal defendant in Arizona will determine the restrictions and requirements involved in your sentence. There are three main types of probation in Arizona:
- Intensive. According to Arizona Revised Statutes Section 13-913, intensive probation is an extremely strict probation period with many restrictions for the defendant and (in most cases) restitution for the victim. Intensive probation is always closely supervised, often with unannounced visits from the probation officer. Intensive probation is typically reserved for serious criminals and repeat offenders.
- Supervised. Supervised probation is the most common type in Arizona. It is supervised by a probation officer, with a set schedule where the defendant must report to the officer. The defendant must also follow any other terms set by a judge for the probation period. Common conditions of supervised probation in Arizona include community service, fines, counseling, no drug or alcohol use, no weapons, and restitution.
- Unsupervised. Unsupervised probation does not come with a probation officer or required check-ins. This is the most relaxed form of probation, although the defendant must still adhere to the terms of the probation agreement to avoid penalties for a violation. Unsupervised probation is typically reserved for minor-level crimes, such as misdemeanors.
Offenders under the age of 18 may also be placed on juvenile intensive probation supervision. This program is meant to divert juvenile criminal defendants using a highly structured and closely supervised probation program. It holds juveniles accountable without removing them from their homes.
What Are the Different Levels of Probation in Arizona?
The state has multiple levels of probation to match the supervision level to the offender’s risk and offense severity, which may include:
- Standard Probation: For lower-risk offenders with standard supervision requirements, such as monthly check-ins and occasional drug tests.
- Intensive Probation Supervision (IPS): Reserved for higher-risk offenders, this involves more frequent meetings, strict curfews, and electronic monitoring and frequently includes home visits by probation officers.
- Unsupervised Probation: Typically for low-risk individuals, this form of probation does not require regular contact with a probation officer, though offenders are required to still follow court-ordered rules.
What Is a Misdemeanor Probation in Arizona?
Misdemeanor probation in Arizona is a type of probation for individuals convicted of a misdemeanor offense. This is generally less restrictive than felony probation and may involve fewer check-ins, especially if the offender poses a low risk to the community. The conditions of misdemeanor probation usually involve staying out of legal trouble, regularly meeting with a probation officer, and completing any mandated programs, with the specific terms determined by the judge’s discretion.
What is Standard Probation in Maricopa County?
Standard probation in the city requires individuals to follow specific conditions set by the court. Common requirements include regular check-ins with a probation officer, drug testing, employment maintenance, and avoiding any criminal activity. Depending on the court’s orders, Maricopa County probationers may also need to complete community service or attend counseling. The frequency and type of check-ins are generally less intense than Intensive Probation Supervision.
How Long Does Probation Last?
The answer to this question depends on the case. Section 13-902 of the law lists guidelines for probation lengths, although it also states that probation can last for more or less time according to a judge’s discretion. The guidelines are for probation to last for 1 year, 2 years and 3 years for a class 3, 2 or 1 misdemeanor, respectively. A class 5 or 6 felony comes with a recommended 3 years of probation. This increases to 4, 5 and 7 years for a class 4, 3 or 2 felony, respectively. Defendants who are convicted of class 1 felonies in Arizona are not eligible for probation.
Can You get off Probation Early in Arizona?
In some cases, Arizona allows individuals to petition for early termination of probation. To qualify, individuals are required to have complied with all conditions, completed a significant portion of their sentence, and demonstrated good behavior. A judge may review the case and decide whether early termination is appropriate, often considering input from the probation officer; however, this is not guaranteed and varies by case.
How to Get Off Lifetime Probation in Arizona?
The state may terminate lifetime probation early under specific conditions, but the process is stringent. Individuals need to comply with all probation terms, maintain a clean criminal record, and frequently contribute positively to their community. To initiate the process, a petition needs to be filed, and the judge may evaluate if early termination serves justice and public safety. Not all lifetime probationers are eligible for early termination, as it depends on the offense and individual circumstances.
What Are the Rules of Probation in Arizona?
In Arizona, individuals in this situation are required to follow specific rules set by the court, which may vary based on the offense and circumstances. Common rules include regular check-ins with a probation officer, random drug and alcohol testing, and participation in mandatory programs such as counseling or community service. Probationers are required to adhere to curfews, maintain employment, and avoid contact with certain individuals or places that might contribute to criminal activity. Judges determine these requirements, and noncompliance may lead to further penalties or even probation revocation.
What Are the Conditions of Probation in Arizona?
The conditions are designed to promote rehabilitation and ensure public safety. Typical conditions include:
- Regular meetings with a probation officer
- Drug and alcohol testing
- Employment or educational requirements
- Avoiding any further criminal activity
- Participating in required treatment programs or counseling. The court may add specific conditions based on the individual’s background and the offense committed, adjusting terms to address personal risks and rehabilitation goals.
Can You Drink on Probation in AZ?
Alcohol use on probation is generally restricted in the state, particularly if the offense was alcohol-related, such as a DUI. Probation terms may include a prohibition on alcohol consumption, with random testing to certify compliance. Even for offenses unrelated to alcohol, a judge might restrict drinking to support rehabilitation efforts. Violating these terms, including testing positive for alcohol, could be considered a violation, which may result in extended probation or jail time.
Can You Travel on Probation in Arizona?
Travel on probation is generally restricted in Arizona, especially for higher-risk offenders or those on intensive probation. Individuals typically need to obtain permission from their probation officer before traveling, and unapproved travel can be considered a violation. In some cases, out-of-county travel might be permitted if necessary for work or family emergencies, but the court sets specific rules for each individual.
Can You Leave the State on Probation in Arizona?
Leaving the state on probation usually requires prior approval from the probation officer or the court. Leaving Arizona without permission can be a serious violation for individuals under strict probation terms. Some of them may qualify for temporary travel, such as for work or family obligations, but this is decided on a case-by-case basis. Unauthorized interstate travel could result in a violation and potential penalties.
Can You Be Homeless on Probation in AZ?
Being homeless does not necessarily prevent someone from being on probation, but it may complicate compliance with specific probation terms. Homeless probationers might face challenges in meeting with their officers or finding stable employment. In such cases, the officers may coordinate with local services to help the individual meet probation requirements, although the individual’s lack of stable housing could impact their overall progress and probation status.
How Much Does Probation Cost in Arizona?
In Arizona, probation usually comes with various fees that individuals are responsible for paying. These can include monthly supervision fees, costs for mandatory counseling or substance abuse treatment, drug and alcohol testing charges, and other administrative charges. The total amount varies depending on the county and the level of supervision required. For instance, individuals on Intensive Probation Supervision may have higher costs due to the increased monitoring involved.
In addition to these regular fees, some people may also face one-time costs, such as enrollment fees for required classes or electronic monitoring if mandated by the court. Failure to pay probation-related expenses could lead to additional penalties, potentially impacting the individual’s probation status. But, for those who face genuine financial difficulties, the state allows probationers to apply for financial hardship waivers or reduced payments, which are granted on a case-by-case basis, depending on the individual’s financial situation and ability to pay.
What Violates Probation in Arizona?
Probation violations in Arizona occur when a person does not comply with court-mandated terms, such as:
- Missing scheduled meetings with a probation officer
- Failing a drug or alcohol test
- Committing a new offense
- Not completing court-ordered programs like community service or counseling
- Associating with people or places prohibited by probation terms
Each case is unique, but even minor violations can result in serious repercussions, including extended probation or revocation.
What Is the Most Common Violation of Probation?
Arizona’s most frequent probation violation is failing to attend scheduled meetings with a probation officer. Other violations include failing drug tests, not completing court-ordered programs, and not paying fines or restitution. Missing a meeting or failing a test might seem minor, but any breach of probation terms can result in severe consequences, including potential probation revocation and jail time.
How Can a Criminal Defense Attorney Help?
If you are facing criminal charges in Arizona, contact a criminal defense attorney as soon as possible to discuss your case and a defense strategy. An attorney may be able to argue for the reduction of your charges or a less strict type of probation. Contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today for a free case consultation.