What is a Petition to Revoke Probation? 

April 12, 2021 Criminal Defense

A petition to revoke probation is a formal document detailing when, where, and how a probation violation or violations took place. 

Probation violations are serious, and if the court files a petition to revoke probation, there may be jail or prison time for any proven probation violation.  

In Arizona, a probation officer or the State may petition the court to revoke probation if there is reasonable cause to believe there was a violation of any written conditions or regulations of probation.  Once there is a petition to revoke probation on file, the court may:

  1. Issue a summons directing the defendant to appear before the judge on a specified date and time of their own volition; or
  2. Issue a warrant for arrest to bring the defendant into custody.

Generally, the judge will not set a bond allowing release from jail prior to a probation revocation hearing.  


What Are My Rights At A Probation Violation Hearing?

A probation violation hearing is much different than a standard criminal trial.  There are fewer rights given a defendant, including:

  • No right to a jury of one’s peers;
  • A lower burden of proof than in a trial; and
  • Hearsay is permissible, meaning the probation officer can repeat what others “told” him or her.

One right defendants have is the right to a strong criminal defense attorney.  A criminal defense attorney is a valuable asset in a probation violation hearing for the following reasons and more:

  • He or she can arrange for any probation violation arraignment and hearing to occur on the same day, making the process speedier;
  • He or she may work out a disposition before the probation violation arraignment and hearing, allowing a faster release back onto probation of a similar kind; 
  • He or she may bring in witnesses to contradict testimony or evidence given by the probation officer and any prosecution witnesses; and
  • He or she may argue that there are alternatives to jail or prison that would be more beneficial to the defendant’s rehabilitation.  


Petitions to revoke probation vary according to the probation violations asserted, the defendant’s living and working conditions, and the prosecutor and judge assigned to the case. 

A thorough review of your case by a criminal defense attorney familiar with probation violation hearings and the local courts can give you greater insight into any potential outcomes of your petition to revoke probation. 

At Younglove Law, our probation revocation attorneys can help you with your hearings throughout Phoenix area, and all of Arizona.   Attorney Younglove, a former prosecutor, will review your petition to revoke probation for potential defenses and create a strategic defense plan for your circumstances.   

If you believe a petition to revoke probation is filed or will be filed against you, contact Younglove Law right away.  This will help us mitigate any damages and achieve the best results possible on your behalf. 

There are defenses to a petition to revoke probation; call Younglove Law and discuss them with a skilled, competent criminal defense attorney today. 


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