Post-Adjudication

Probation Violations

When sentencing a person to Probation, the sentencing court will impose conditions for Probation for those Probation eligible offenses.  Oftentimes, a Probation Officer will also require other conditions of a probationer.  If any of the conditions are violated, whether imposed by the Court or Probation Officer, the Probation Officer or State of Arizona, through a prosecutor, may petition the sentencing court to revoke the Probation.  After such a petition has been filed, a judge typically issues a warrant for the probationer’s arrest.

If the probationer admits to a Probation Violation, or if after an evidentiary hearing, a Commissioner believes by a preponderance of evidence that the probationer has violated Probation, Probation could be revoked.  Probation could also be reinstated and any reinstatement could include additional Probation conditions or jail time of up to one (1) year.

Examples of Probation Violations include failing to take or testing positive for random alcohol and drug urinalysis tests when use of alcohol or drugs is prohibited by the Probation, or by failing to attend required treatment programs. The probationer is not eligible to be bonded out of jail while waiting for a Probation Violation hearing. Usually, the probationer can get his/her Probation reinstated if there are no new crimes and it is his/her first Probation Violation.