What to Expect from a Probation Violation Hearing in Maricopa County

In Arizona, probation violations are handled in the Superior Court for the county where the case was originally sentenced. For people in the Phoenix area, this is typically the Maricopa County Superior Court.

Hearings are held before a judge, not a jury, and the standard of proof is lower than in a criminal trial. For probation violations, the prosecutor only needs to establish a “preponderance of the evidence” instead of “beyond a reasonable doubt.”

The probation officer’s testimony and reports carry significant weight, and a violation can be technical (breaking a condition of your probation) or substantive (committing a new crime). Either type can put your probation, and your freedom, at risk.

Common Probation Violations in Maricopa County

• Missing a scheduled meeting with your probation officer.
• Failing a drug or alcohol test or missing a scheduled test.
• Not completing required classes or counseling by the deadline.
• Leaving Maricopa County without permission.
• Failing to pay fines, fees, or restitution when you have the ability to pay.
• Contacting a prohibited person, such as a victim or co-defendant.
• Being arrested or charged with a new offense.

The courts treat probation violations seriously, regardless of the cause, although leniency is more likely if the violation was accidental, unavoidable, or in some way justifiable.

Accidental or Unintentional Violations

• Medical emergencies: Hospitalization that prevents you from attending a check-in.
  
  
• Family emergencies: Needing to miss an appointment or leave the county to handle a crisis.
  
  
• Unavoidable conflicts: Transportation breakdowns or sudden job demands that conflict with probation requirements.
  
  
• Wrong place, wrong time: Being present during an incident where police are called, even if you did nothing wrong.
  
  
• Self-defense situations: Getting into an altercation you didn’t start, but which results in your arrest.

These circumstances don’t automatically excuse a violation, but they can be important for your defense if you can document what happened.

What Happens at a Probation Violation Hearing

1. Initial appearance: The judge advises you of the alleged violations. Depending on the situation, you may be taken into custody or released pending the hearing.
   
   
2. Violation hearing: The hearing is similar to a trial but less formal. The probation officer, prosecutor, and defense present evidence.
   
   
3. Judge’s decision: The judge decides whether a violation occurred using the “preponderance of the evidence” standard.
   
   
4. Sentencing/disposition: If a violation is found, the judge can reinstate probation with the same terms, with stricter terms, or revoke probation and impose the original jail or prison sentence.

How to Prepare for a Probation Violation Hearing

• Gather documentation: This may include medical records, work schedules, travel receipts, or anything that supports your explanation.
  
  
• Line up witnesses: Ask your employer, family members, or others who can confirm your account to testify on your behalf.
  
  
• Address missed obligations: If you can complete a missed class or payment before the hearing, it may help.
  
  
• Work with an attorney: An experienced criminal defense attorney can challenge the probation officer’s claims, present evidence, and argue for leniency.

Why You Need an Attorney for a Probation Violation Hearing

Probation violation hearings may not have a jury, but the consequences can be just as serious as a new criminal conviction. A judge has broad discretion in these cases, and without legal representation, you risk losing your probation and serving the rest of your sentence in custody. An attorney can:

• Present legitimate explanations for alleged violations.
• Challenge unreliable or incomplete evidence.
• Negotiate alternatives to jail or prison.
• Ensure your side of the story is fully heard before the judge makes a decision.

If you’re facing a probation violation hearing in Maricopa County, call (602) 818-3110 or contact us online to schedule a free, confidential consultation. Arizona Board-Certified Criminal Law Specialist Michael Alarid III is ready to assist, and will strive to keep you out of jail or prison.