Phoenix Probation Violation Attorneys

What Are Common Examples of Probation Violations?

Arizona courts classify violations into two categories: technical violations and substantive violations. A technical violation occurs when you fail to follow the specific administrative rules of your probation, such as missing an appointment or failing a drug test. In contrast, a substantive violation happens when you are arrested for or convicted of a new criminal offense while on probation.

We are prepared to represent clients who are facing any of the following common allegations:

• Committing a new crime. Again, an arrest for a new offense creates a "substantive" violation. Prosecutors often pursue both the new criminal charge and the probation violation simultaneously, which can complicate your defense strategy.
• Missing appointments. Your probation officer expects strict adherence to the reporting schedule. Missing a scheduled meeting usually prompts the officer to file a petition to revoke your probation immediately.
• Failing drug or alcohol tests. Courts frequently mandate sobriety as a condition of release. A positive urine, breath, or blood test constitutes a direct violation of these terms.
• Failure to pay fines or restitution. If the court ordered financial payments as a mandatory part of your sentence, willful failure to pay these amounts is considered a violation. 
• Traveling without permission. If the terms of your probation include travel restrictions, you must obtain written approval from your probation officer before leaving the jurisdiction. In these cases, unauthorized travel to another county or state breaches your probation contract.
• Incomplete court-ordered programs. Judges often require specific counseling, anger management, or community service hours as part of a sentence. Failing to complete these programs within the designated timeline can trigger a violation.
• Prohibited association. Probation terms may forbid contact with specific individuals, such as co-defendants, victims, or known felons. Police or surveillance officers who observe you with these individuals can report the breach to the court. 

Common Defenses Against Alleged Probation Violations

An allegation of a violation does not automatically lead to a revocation of your probation. The state bears the burden of proving that you violated a term of your probation by a preponderance of the evidence. 

Our attorneys can scrutinize every detail of the probation officer's report and the prosecutor's claims to identify weaknesses in their case. We can build a strategic defense tailored to the specific facts of your situation.

Our team at Cates & Reed, PLLC frequently leverages the following defenses to challenge violation petitions:

• Lack of willfulness. Arizona law requires that a violation be willful. We may be able to demonstrate that factors beyond your control, such as a sudden illness or a vehicle breakdown, caused you to miss an appointment or a deadline.
• Inability to pay. The court cannot revoke probation solely because you lack the financial means to pay fines or restitution. We can present financial records proving that you made a good faith effort to pay but could not do so due to poverty or unemployment.
• Invalid or diluted drug tests. Laboratory errors, prescription medications, and certain foods can trigger false positives on drug screenings. We may be able to challenge the reliability of the testing method.
• Lack of notice. You cannot violate a term that the court or probation department never explained to you. We can review the hearing transcripts and signed paperwork to verify that you received proper instruction regarding the specific condition in question.
• Hearsay and unreliable witnesses. Probation officers sometimes rely on statements from unreliable third parties when filing a report. We can cross-examine these witnesses and object to the admission of unsubstantiated hearsay.
• Expiration of probation. The court loses jurisdiction to revoke probation once the term expires. We can verify the exact dates of your supervision to confirm whether the state filed the petition within the legal timeframe.

Don’t underestimate the consequences of a probation violation. If you think you may have violated your probation or have questions about your probation’s terms, do not wait to call (480) 864-3807 or contact us online.