Phoenix Probation Lawyer

Probation allows defendants to serve their sentence in the community under supervision rather than in jail or prison. While probation offers an alternative to incarceration, it comes with strict conditions—and violating those conditions can result in revocation and imposition of the original suspended sentence. Probation violation hearings use a lower standard of proof than criminal trials, making experienced representation critical.

Attorney Josh Lopez represents clients throughout Phoenix facing probation matters, including violation allegations, modification requests, and early termination petitions.

→ For comprehensive Arizona criminal defense information, see: Phoenix Criminal Defense Lawyer

Types of Probation in Arizona

Supervised Probation

Regular reporting to a probation officer, random drug testing, home visits, and compliance monitoring. Most felony probations are supervised.

Intensive Probation (IPS)

Heightened supervision with:

• Multiple weekly contacts with probation officer
• Electronic monitoring (GPS, ankle bracelet)
• Strict curfews
• Employment requirements
• More frequent drug testing

Unsupervised Probation

No regular reporting required, but conditions still apply. Common for minor misdemeanors. Violations still result in consequences.

Deferred Sentencing

Sentencing is delayed—successful probation completion results in dismissed charges or reduced conviction. Failure results in sentencing on original charges.

Standard Probation Conditions

Arizona probation typically includes:

Universal Conditions

• Report to probation officer as directed
• Maintain employment or attend school
• Remain in Arizona without permission to travel
• Submit to drug/alcohol testing
• Pay fines, fees, and restitution
• No new criminal offenses
• No possession of firearms
• Submit to searches

Offense-Specific Conditions

DUI Probation:

• Ignition interlock device
• Alcohol/drug screening and treatment
• MADD victim impact panel
• No alcohol consumption

Domestic Violence Probation:

• DV offender treatment (26-52 weeks)
• No contact with victim (unless modified)
• No firearms possession
• Anger management

Drug Offense Probation:

• Drug treatment and counseling
• Random drug testing
• NA/AA attendance
• No possession of controlled substances

Sex Offense Probation:

• Sex offender treatment
• Registration requirements
• Residence and employment restrictions
• No contact with minors

Probation Violations

Technical Violations

Violations of probation conditions that don’t involve new criminal charges:

• Missed appointments with probation officer
• Failed drug tests
• Failure to complete required programs
• Traveling without permission
• Failure to pay fines/restitution
• Missed treatment sessions
• Curfew violations

Substantive Violations

New criminal charges while on probation:

• Arrest for new offense
• New conviction
• Contact with prohibited persons

Absconding

Failing to report and avoiding supervision entirely—treated as a serious violation.

Probation Violation Process

1. Petition to Revoke

The probation officer or prosecutor files a petition alleging violations. This may result in:

• Summons to appear for violation hearing
• Arrest warrant

2. Violation Hearing

Unlike criminal trials:

• Lower standard of proof: Preponderance of evidence (more likely than not), not beyond reasonable doubt
• No jury trial: Judge decides
• Hearsay admissible: Rules of evidence are relaxed
• Burden on state: Prosecution must prove violation occurred

3. Possible Outcomes

If violation is found:

Continue Probation: Probation continues with same or additional conditions.

Modify Conditions: Stricter conditions imposed (more frequent reporting, additional treatment, electronic monitoring).

Extend Probation: Term extended to allow more time for compliance.

Jail Sanction: Short jail term as sanction, then return to probation.

Revoke Probation: Probation terminated, original suspended sentence imposed (jail or prison time).

Defense Strategies for Probation Violations

Challenge the Violation

• Drug test was inaccurate (false positive, procedural error)
• Missed appointment due to emergency or miscommunication
• Condition was impossible to comply with
• Alleged violation didn’t actually occur

Substantial Compliance

Demonstrating overall compliance despite technical violation:

• Otherwise perfect compliance record
• Good faith effort to comply
• Minor or isolated violation
• Circumstances beyond control

Mitigating Circumstances

Explaining why violation occurred:

• Medical or mental health crisis
• Employment conflict
• Family emergency
• Transportation issues
• Financial hardship (for payment violations)

Treatment and Rehabilitation

Showing progress and commitment:

• Enrollment in treatment programs
• Employment stability
• Family support
• Changed circumstances

Constitutional Violations

Challenging how violation was discovered or proven:

• Illegal search leading to drug discovery
• Statements obtained without proper advisement
• Procedural violations in testing

Early Termination of Probation

After serving a portion of probation successfully, you may petition for early termination. Factors courts consider:

• Compliance with all conditions
• Completion of required programs
• Payment of fines and restitution
• Employment stability
• Time served on probation
• Risk assessment
• Victim input (if applicable)

Early termination is discretionary—not guaranteed.

Probation Courts in Phoenix

Phoenix Municipal Court

Handles misdemeanor probation for Phoenix city offenses.

Location: 300 W. Washington Street, Phoenix, AZ 85003

Maricopa County Superior Court

Handles felony probation.

Location: 201 W. Jefferson Street, Phoenix, AZ 85003

Adult Probation Department

Supervises probationers and reports violations:

• Maricopa County Adult Probation: 620 W. Jackson Street, Phoenix, AZ 85003

Frequently Asked Questions

What happens if I violate probation in Phoenix?

Your probation officer may file a petition to revoke. You’ll face a violation hearing where the judge can continue probation, modify conditions, impose jail sanctions, or revoke probation entirely and impose the original sentence.

Can I go to prison for a probation violation?

Yes. If probation is revoked, the court can impose the original suspended sentence, which may include prison time for felonies.

Is a probation violation hearing the same as a trial?

No. Violation hearings use a lower standard of proof (preponderance vs. beyond reasonable doubt), allow hearsay evidence, and have no jury. The rules favor the prosecution.

What if I failed a drug test?

A failed drug test is a technical violation. Defenses include challenging the accuracy of the test, explaining circumstances, demonstrating overall compliance, and showing commitment to treatment.

Can probation be shortened?

Yes. You may petition for early termination after successfully completing a portion of probation. The court considers your compliance, completion of programs, and other factors.

Should I talk to my probation officer about a potential violation?

Be careful. Statements to your probation officer can be used against you. Consider consulting an attorney before discussing potential violations.

Contact a Phoenix Probation Defense Attorney

Probation violations can result in jail or prison time for the original offense. The violation hearing process is stacked against defendants, making experienced representation critical. Attorney Josh Lopez defends probation matters throughout Phoenix and Maricopa County.

Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004

Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251

Call (480) 386-1824 or complete the contact form to schedule your free consultation.