Can You Be Violated on Probation for a Technical Offense?
Probation often feels like a lifeline. It gives people the chance to continue with work, family, and daily life without the burden of sitting behind bars. The rules of probation can feel strict and unforgiving, and it's stressful knowing that even a small mistake could put your freedom at risk.
At Faussette & Faussette PLLC., we help people face probation violations and protect their rights. Our attorneys serve communities across Phoenix, Arizona, and the surrounding areas. If you’re concerned about a technical offense, please know that you don’t have to face it alone. Contact us today to discuss your options.
What a Technical Offense Means
According to the Prison Policy Initiative, as of 2023, there were 68,027 individuals on probation in Arizona. Probation comes with a set of conditions that you’re expected to follow. Some involve staying out of legal trouble, but others involve day-to-day requirements that don’t include new crimes. A technical offense happens when you fail to meet one of those requirements. Some examples of technical offenses include:
Missing a check-in with your probation officer
Paying fines or restitution late
Failing to complete community service hours on time
Breaking curfew rules
Traveling without permission
Testing positive on a drug or alcohol screen
These actions aren’t new crimes, but they’re still considered violations of probation. That’s why courts treat them seriously. The law views probation as a privilege, which means that technical violations can result in severe consequences.
Why Courts Respond to Technical Offenses
From a judge’s perspective, probation only works if the rules are respected. Even if the violation seems small, courts see it as breaking the agreement that allowed you to stay out of jail in the first place. A single missed meeting may seem minor to you, but the court may see it as evidence you’re unwilling to comply with the system.
Not all technical offenses are treated equally. Judges often look at your history, whether the violation was intentional, and whether you’ve otherwise shown progress. Having someone argue your case and explain your circumstances can make a difference in what happens next. That’s where a criminal defense attorney becomes so important.
The Difference Between Technical and Substantive Violations
Not every probation violation is considered the same. Courts divide them into two categories:
Technical violations: Breaking the rules of probation without committing a new crime.
Substantive violations: Committing a new crime while on probation.
This difference matters because substantive violations nearly always lead to harsher outcomes, while technical violations leave more room for negotiation. When you face a technical allegation, your lawyer can argue for alternatives that keep you out of jail. That’s why having a strong criminal defense attorney matters.
Consequences You Could Face
If you’re found guilty of a technical violation, the penalties can vary widely. They may include:
Warnings: A judge or probation officer may give you a chance to correct the mistake.
Stricter supervision: More frequent check-ins or new conditions may be added.
Extended probation: The length of your probation can be increased.
Added requirements: You may need to complete new classes, counseling sessions, or community service.
Revocation: In more serious cases, probation can be revoked, leading to jail or prison time.
Because judges have discretion, two people with the same technical offense can face very different results. That’s why it’s important to have representation at Faussette and Faussette PLLC ready to argue your case and fight for the best outcome possible.
What Happens at a Probation Violation Hearing
When a probation officer reports a violation, the court typically schedules a probation violation hearing. Unlike a criminal trial, you don’t face a jury. Instead, the judge reviews the allegations and decides whether you violated probation. Some differences include:
The burden of proof is lower—the court only needs to believe it’s more likely than not that you violated probation.
Evidence that might not be allowed in a criminal trial, such as hearsay, can still be used.
The judge has considerable discretion in determining the penalty.
Even though the standard is lower, you still have rights. You can have a lawyer represent you, present evidence in your favor, and challenge what the probation officer says. Having an experienced criminal defense attorney can be the deciding factor in whether you return home or face time in custody.
Possible Defenses Against Technical Offenses
When you’re accused of a technical violation, your situation isn’t hopeless. With the right defense, you can challenge the allegations or reduce the consequences. Some defenses may include:
Proving no violation occurred: Showing that you did, in fact, meet your probation conditions.
Explaining unavoidable circumstances: Demonstrating that illness, lack of transportation, or emergencies caused the issue.
Showing compliance history: Proving that you’ve consistently followed other rules and made progress.
Pointing to procedural errors: Arguing that the probation officer or court didn’t follow the correct process.
By raising these defenses, we can often persuade a judge to impose lighter consequences or dismiss the allegation. Your future is too important to risk facing this process without a strong criminal defense attorney by your side.
Why You Need a Lawyer for a Technical Offense
You might think you don’t need a lawyer for a technical offense since you didn’t commit a new crime. That’s a mistake. Technical violations can still result in jail time, and the process is often stacked against you. Probation officers and judges may assume the worst without hearing your side. With our firm, you’ll have someone who:
Builds a clear case in your favor
Presents evidence to explain your circumstances
Pushes for alternatives instead of revocation
Highlights your progress to show rehabilitation
When we stand by your side, you can trust that every possible defense is being pursued. That’s the level of dedication you need from a criminal defense attorney when your freedom is at stake.
How Arizona Courts Handle Technical Violations
Arizona law gives judges broad discretion in probation cases. While they often take technical violations seriously, they also understand that probation is meant to help people succeed outside of jail. Judges in Phoenix and other Arizona courts may consider whether you’re working, going to treatment, or otherwise making progress.
We show the court why a technical violation shouldn’t outweigh the effort you’ve put into moving forward. With the right approach, many people can continue probation instead of serving time. An effective criminal defense attorney can protect the second chance probation was supposed to give you.
Ways to Lower Your Risk of Violations
If you’re currently on probation, there are steps you can take to reduce your risk of running into technical violations.
Stay in touch with your probation officer: Communicate early if you expect to miss an appointment or make a late payment.
Keep records: Save proof of payments, completed service hours, and program attendance.
Stay organized: Use reminders and calendars to track probation obligations.
Ask questions: If you’re unclear about a rule, clarify with your probation officer.
Seek legal advice early: If problems arise, contact a lawyer promptly before they escalate into more significant issues.
Following these steps doesn’t guarantee you’ll avoid trouble, but it can help prevent minor issues from escalating into bigger ones. And if something does go wrong, having a record of your efforts can strengthen your case.
Speak to a Criminal Defense Attorney Today
Facing a probation violation is stressful, but you don’t have to go through it alone. At Faussette & Faussette PLLC, we're here to stand by your side. If you're in Phoenix, Arizona, or its surrounding areas, our firm is dedicated to providing you with a fair opportunity to move forward. If you’ve been accused of violating probation for a technical offense, contact our office today to protect your rights.