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  Probation Violation - Arizona Legal Process  

If you have been sentenced and are placed on probation, you are expected to comply with all terms of your probation (i.e., be law abiding, appear for all meetings, not to drink alcohol, etc.) otherwise the Adult Probation Officer can file a "Petition to Revoke Probation," pursuant to 17A, Rules of Crim.Proc., Rule 27, et al., which could lead to a "Warrant" for an arrest.

Probation Violation (PV) Arraignment:
The first court date is an Arraignment where the person will either admit or denies the violation - in which case it is set over for a "Probation Violation Hearing." A "Probation Violation Report" (PVR) is usually prepared for the case for a possible admission or a later disposition due to court finding a violation.

Probation Violation Hearing:
After an entry of denial a Probation Violation Hearing will be held where the prosecutor will bring in witnesses to testify as to exactly which terms of probation were violated. These hearings are to a judge that allows "hearsay" evidence from the probation officer who can merely repeat what other people said occurred, which can result in a violation. This is where other witnesses may be needed to rebut the probation officer's testimony.

Probation Violation Disposition:
If it is found by the judge that there was no violation, you will be placed back on your original terms of probation. Otherwise, the judge will sentence for a probation violation. The judge has several options, to "Revoke" the probation and sentence you to prison time within the allowable range. The judge can also "Reinstate" you back onto probation for either the exact same terms you were on or increase the probation by adding additional terms, including "Intensive Probation."

Intensive Probation Service (IPS)
is a much stricter form of probation commonly thought of as "house arrest" and you must call the Adult Probation Officer when you move from one location to another. Additionally, on IPS a person is monitored at home on a more frequent basis.

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3116 South Mill Avenue, Suite 452  •  Tempe, AZ 85282
Ph (602) 476-9669  •  Fax (480) 284-8945

Probation Violation - Case Stages AZ Legal Process