PROBATION REVOCATION



In probation revocation proceedings, the probation department petitions the court to revoke the probation of the defendant. The petition sets forth the particulars of the alleged violations.

If the defendant has been arrested, he will be held without bond pending a hearing on the petition. At the hearing, the state has the burden of proving by a preponderance of the evidence that the defendant violated the conditions of probation. The defendant has the right to counsel, the right against self-incrimination, the right to a public hearing, the right to call witnesses and to issue compulsory process to compel their attendance, the right to confront and examine witnesses called by the state, and the right to present evidence on his own behalf. However, the defendant does not have a right to a jury trial. If the defendant is found to have violated the conditions of probation, the court may reinstate the defendant on probation with the same or additional terms. Alternatively, the court can terminate probation and remand the defendant to state prison, taking into account the best interests of the defendant and the public. Ariz.R.Crim.P.27.7(b)(3).

However, if the probationer violates “intensive probation” with a new felony offense, reinstatement may not be available. A.R.S. § 13-917(B).




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