View Full Version : Probation Revocation Arraignment Hearing


Dowser
08-24-2008, 10:56 AM
OK, Long story short my GF got a DUI 2 yrs ago and was sentenced 4 mo in DOC and 3 yrs probation. She has served about 1 /12 yrs probation paid her fines every month and did all her classes. Monday night she was arrested for Felony Agrivated Assulat and Probation volation here in Maricopa. I talked to her PO and he said he read the arrest report ( I have not seen it). and he couldnt figure out why she was arrested in the 1st place. She was drinking which is a no-no. I saw her saturday at county and she said she bumped into some kid ( said she was sorry) and mom freaked out called security and demanded she be arrested. She has two hearings this comming Wednesday 1 for the assult and later one for Probation Revocation Arraignment Hearing . Her PO said she could go into court and the judge could dimiss it right there. However the Probation is another story. I think he is going to recomend time even though he told me he was getting ready to 2/3's her in April cause she was doing good. He also said he would not be there when I asked him if he would be attending. I am assuming he is sending a report to the judge recomending whatever he recomends. Also the automated system 1st said no bond held over on both, them it was bond on the assult and no bond on the probation violation. Now its saying bondable on both. I am wondering whats going to happen at her probation hearing. Is there any chance they will let her out. I found out who the judge is. Actually it is a commisioner . She is the one who let Mike tyson out last year with no bond. I am assuming she is Liberal. I would like to write her a letter asking for leanency but cant find a e-mail. If the 1st case is dimmissed will that that help the 2nd? Any input from anyone would be appreciated. Also I dont know if she was giving a breath alizer or not. She was not driving but on foot.

1031
08-24-2008, 01:17 PM
What I have seen is that the judge usually rules on what the probation officer recommends on their pre-sentence report. So if you can get your hands on that you will probably know what will happen at the court hearing....

I wish you the best!!

Jerusha
08-24-2008, 01:25 PM
OK, Long story short my GF got a DUI 2 yrs ago and was sentenced 4 mo in DOC and 3 yrs probation. She has served about 1 /12 yrs probation paid her fines every month and did all her classes. Monday night she was arrested for Felony Agrivated Assulat and Probation volation here in Maricopa. I talked to her PO and he said he read the arrest report ( I have not seen it). and he couldnt figure out why she was arrested in the 1st place. She was drinking which is a no-no. I saw her saturday at county and she said she bumped into some kid ( said she was sorry) and mom freaked out called security and demanded she be arrested. She has two hearings this comming Wednesday 1 for the assult and later one for Probation Revocation Arraignment Hearing . Her PO said she could go into court and the judge could dimiss it right there. However the Probation is another story. I think he is going to recomend time even though he told me he was getting ready to 2/3's her in April cause she was doing good. He also said he would not be there when I asked him if he would be attending. I am assuming he is sending a report to the judge recomending whatever he recomends. Also the automated system 1st said no bond held over on both, them it was bond on the assult and no bond on the probation violation. Now its saying bondable on both. I am wondering whats going to happen at her probation hearing. Is there any chance they will let her out. I found out who the judge is. Actually it is a commisioner . She is the one who let Mike tyson out last year with no bond. I am assuming she is Liberal. I would like to write her a letter asking for leanency but cant find a e-mail. If the 1st case is dimmissed will that that help the 2nd? Any input from anyone would be appreciated. Also I dont know if she was giving a breath alizer or not. She was not driving but on foot.

Here's how it usually goes.
A new charge, regardless of it's validity is basically a probation violation (PV) and when it comes to bonding out there is no bond on PV's unless the original charge that placed them on probation in the first place was a misdemeanor or a 13-901.01 felony (1st or 2nd drug charge). It's normal for them to set a bond on the new charge and no bond on a PV so it's basically senseless to post bond on the new charge if they can't be released due to the PV. At the violation hearing, they can either admit to the allegation of violation or deny it and then they will set a hearing for "Admission" and or "Sentencing". The Probation Officer will write a Pre-Disposition Report regarding the reason for the PTR, new charges/violations etc with his/her recommendation of sentencing including mitigating and aggravating factors. You, along with anyone in support of her, can write the Judge/Commissioner in care of the Maricopa County Clerk of the Courts and also send a copy to the Probation Officer and he/she will attach them to the Pre-D. Do this now to ensure it will be received before her hearing! At the violation/admission/sentencing hearings, the Courts can do one of three things, dismiss the Petition to Revoke Probation (PTR), reinstate them to probation, or Revoke their probation ordering her serve out the presumptive time in prison/jail . These are outside what will be done for the new charge.
Because she was drinking, and on probation for an alcohol based conviction, the PO will be forced to violate her on that condition of her probation along with the new charge. Any little thing she's done against her conditions of probation will be put into the PTR. Her defense attorney will more than likely have her admit to some minor allegation.

If and I say IF, the Agg Assault is dismissed, the allegation of the new charge in her PTR will be vacated but the drinking violation will still be valid. If that is the only allegation of violation that is left she'll more than likely be reinstated to probation.

You need to remember that this is the usual procedure but not everything I've written here is written in stone or is "gospel".

From how you make it sound, her PO is batting for side but was forced to file the revocation. You need to remember he/she is bound by policy but can also recommend the least sanctions to the judge. In that mind, the Judge has the absolute power in what happens regardless of what the PO recommends. She needs to be extremely attentive, repsonsive and reverent to the Courts when appearing. Trust me, that goes a LONG way.

I hope I've answered some of your questions, if you have anymore just ask.

Good Luck to you both.

dannysbabyblue
08-24-2008, 02:16 PM
When my husband violated his probation the 1st time he got 3 months in county ... but you never know how it will go... good luck!

Dowser
08-24-2008, 02:23 PM
Thanxs for the Help you two. I have a question for Jerusha. 1st off the hearing is this coming Wednesday the 27 . when I visited her Saturday ( yesterday) she mentioned another date on Sept 2nd but she wasnt sure what that was for. I could write a letter now, but I doubt they will get it Wednesday before the hearing. Now my question is, If I do write one and say yeah she screwed up please give her a 2nd chance (which i plan to do) how can she go in there and pleaed not guilty. If she does pleade not guilty do they set another date (like court) or is everything handled that same day ?

1031
08-24-2008, 02:46 PM
Rule 27.8

Revocation of probation
a. Revocation Arraignment.
(1) The revocation arraignment shall be held no more than 7 days after service of the summons or the probationer's initial appearance under Rule 27.7 (http://www.azprosecution.org/rules/procedure/r27/r27-7.html) before the issuing or assigned judge.
(2) The court shall inform the probationer of each alleged violation of probation and the probationer shall admit or deny each such allegation.
(3) If no admission is made or if an admission is not accepted, the court will set a violation hearing, unless both parties agree that a violation hearing may proceed forthwith.

b. Violation Hearing.
(1) A hearing to determine whether a probationer has violated a written condition or regulation of probation shall be held before the court no less than 7 and no more than 20 days after the revocation arraignment, unless the court, upon the request of the probationer made in writing or in open court on the record, sets the hearing for another date.
(2) The probationer shall be present at the hearing.
(3) A violation must be established by a preponderance of the evidence. Each party may present evidence and shall have the right to cross examine witnesses who testify. The court may receive any reliable evidence not legally privileged, including hearsay.
(4) If the court finds that a violation of a condition or regulation of probation occurred, it shall make specific findings of the facts which establish the violation and shall set a disposition hearing.

c. Disposition Hearing.
(1) A disposition hearing shall be held no less than 7 nor more than 20 days after a determination that a probationer has violated a condition or regulation of probation.
(2) Upon a determination that a violation of a condition or regulation of probation occurred, the court may revoke, modify or continue probation. If probation is revoked, the court shall pronounce sentence in accordance with the procedures set forth in Rules 26.10 (http://www.azprosecution.org/rules/procedure/r26/r26-10.html) through 26.16 (http://www.azprosecution.org/rules/procedure/r26/r26-16.html). Probation shall not be revoked for violation of a condition or regulation of which the probationer has not received a written copy.

d. Waiver of Disposition Hearing. At the time of an admission by probationer or a finding by the court that a violation of a condition or regulation of probation has occurred, the probationer may waive a disposition hearing. If the waiver is accepted, the court may proceed forthwith to dispose of the proceeding under Rule 27.8(c).
e. Disposition Upon Determination of Guilt of Subsequent Offense. If there is a determination of guilt, as defined by Rule 26.1 (http://www.azprosecution.org/rules/procedure/r26/r26-1.html)(c) (http://www.azprosecution.org/rules/procedure/r26/r26-1.html#c) of a criminal offense by a probationer in the court having jurisdiciton over the probation matter, no violation hearing shall be required and the court shall set the matter down for a disposition hearing at the time set for entry of judgment on the criminal offense.
f. Record. A complete record of the revocation arraignment, violation hearing and disposition hearing shall be made.

Here is the link.....
http://www.azprosecution.org/rules/procedure/r27/r27-8.html

Jerusha
08-24-2008, 05:25 PM
that the hearing she already had was the initial arraignment on the new charge, they then set an initial arraignment on wednesday for the probation violation. They usually set violation hearings 2 weeks out so the probation officer has the time to write his pre-disposition report so September 2nd would be about right. At this point you still have time to write the letters.

At the initial arraignment, her lawyer should automatically plead not guilty for her and the violation hearing set. The probation officer then has to present the evidence of the violation in his pre-disposition report at the violation hearing. To be honest, I have never seen anyone be able to deny ALL allegations since most of them are well documented, that is why the defense attorney will have them admit to a lesser damaging allegation because all others are then dismissed.

For instance...let's say.... it was alleged that she failed to report to her probation officer one month, she failed a urinalysis and that she committed a new crime, out of the three..her lawyer is gonna choose the failure to report, the lesser of the evils and if the probation dept accepts that, the others will be dismissed and can't be used again as an violation allegation.

After an admission of guilt, a disposition hearing will be set and that's when the Court will make it's decision on what will happen, dismissal, re-instatement or jail/prison time.

There can be an admission at the initial arraignment but the probation department has to agree to it and to the allegation they are admitting.

So, it all happening at once, in one hearing is not likely, especially the final disposition.

Hope that answered your question.

Dowser
08-24-2008, 05:32 PM
Thanxs for the insight. you have been more than helpful.

Dowser
08-24-2008, 06:25 PM
one more question. when I write the letter should I expalin what was told to me about what happined or just say how i support her and stand behind her and things of that nature ?

1031
08-24-2008, 09:06 PM
Just support her and uplift her character, but don't incriminate her. Don't discuss any part of the case....it is always best to STFU.......

Jerusha
08-24-2008, 09:16 PM
I would make it a character reference and not an excuse or condemnation of the legal aspects of the arrest. Talk about her, her progress in learning from her mistakes, doing well on probation up until this, what she contributes to you and the family, what her future goals, plans and dreams are. Her willingness to get help if needed (if she has a drinking problem etc.) take classes, serve her community in restitution. State all positive while not denying any negatives. Tell them of your support and the support system she has and how they'll aid her in walking the straight and narrow in order to lead a useful and productive lifestyle. Let them know she is not a throw away person and has value as a citzen of our community.
OK..this is gonna sound a bit rough to some and being a spiritual person myself, I understand the validity of a connection to Deity in straightening out ones life but leave out any religious proclamations...some use religion as a crutch, I've been saved or needs salvation during their troubles and they have a tendency to think it's their ace in the whole...it just becomes pleading "I'll say anything to get me out of this" BS in the ears of the Court. I've seen this happen up close and personal...all they here is "lalalalalalalalalalalal" she's a good person. Sad but true. The courts are non-religious, it won't help.

I mean no offense with those words, I wish everyone Joy in their love of their God. I find Joy in all of mine.

What I'm saying is stick to the facts jack. I have experience in these matters and that's just my advice...you write what's in your heart.

Dowser
08-24-2008, 09:46 PM
That's what I thought. I have written quite a bit and taking a break from it this evening. Will take a fresh look at it tomorrow. I do want to speak from the heart without sounding like a broken record in there eyes. As for the spirituality part I am involved in a 12 step program now for along time, and hope she picks it back up once again.
I just hope that once this is sent off someone actually takes the time to read it and consider what I put into it and why. While i want to make a impact on them and let them know she is not alone and worth giving a second chance to, I do hope it will have some sort of weight in there decision.

Once again thanxs for yuor help and encouragement.

1031
08-24-2008, 10:45 PM
If you know her work associates, etc..., it is good to get letters from them too. The judge does read them, but usually the decision is made with or without the letters...but the effort and support can make a difference.

aatorres80
08-24-2008, 11:00 PM
Also the automated system 1st said no bond held over on both, them it was bond on the assult and no bond on the probation violation. Now its saying bondable on both.


BOND HER OUT BEFORE SHE GOES TO COURT AND THEY MOST LIKELY WON'T MAKE HER DO TIME. PROBATION VIOLATION IS A CHARGE THAT ISN'T BONDABLE EVER, SO IF THAT'S CHANGED THEN SHE'S PROBABLY NOT BEING VIOLATED. BUT DEFINITELY TRY TO GET HER BONDED OUT BEFORE HER COURT DATE.

Dowser
08-27-2008, 10:09 AM
Well, Just went down to court on the Assault charge and she wasn't there. went to the info desk and asked and they told me the county attorney decided not to file charges on her. So that is good. One down one to go. Her probation hearing is later today so will wait a while before heading down there. Its looking better since the original charge was not filed. Hope the judge lets her out. Once again thanxs to everyone for your help and support

1031
08-27-2008, 02:15 PM
I wish you all the best!! Let us know how it goes.....

NtShadow
08-27-2008, 10:29 PM
Well, Just went down to court on the Assault charge and she wasn't there. went to the info desk and asked and they told me the county attorney decided not to file charges on her. So that is good. One down one to go. Her probation hearing is later today so will wait a while before heading down there. Its looking better since the original charge was not filed. Hope the judge lets her out. Once again thanxs to everyone for your help and support
Let us know how it goes. Hopefully, everything will go in your favor. :)

briandi
08-29-2008, 09:04 PM
Good news NO NEW CHARGES!!! Blessings to you and your girl!

Dowser
09-03-2008, 05:13 PM
Her P.O called today, looks like he is going to recommend reinstatement and some classes. I hope the judge goes for it. Things are looking better. Plus he said come see me after court to make a payment. He must be confident that is what the judge will do.

Jerusha
09-03-2008, 11:01 PM
Cool Beans for you and your gal!

NtShadow
09-04-2008, 03:39 AM
That's great news! I'll keep you both in my thoughts and prayers!

Dale'sforever
09-04-2008, 03:47 AM
Great news--congrats! :)

shorty769
09-04-2008, 06:41 AM
That is great news let us now how everything turns out:)