PHOENIX — Half a day. That's how long it took 20-year-old Jacob Pennington to be taken into police custody again after signing the terms of his probation. The alleged Gilbert Goons member was found drinking alcohol underage on June 13, a direct violation of his probation.

Pennington was sentenced the same day to three years of probation for his role in an assault that occurred in Gilbert in November 2022. Now, Maricopa County Attorney Rachel Mitchell's office is taking swift action against him.

“If someone commits a crime that's not that serious and they're on probation right away, we're going to file a petition to revoke,” Gov. Mitchell said at a press conference Thursday.

Gilbert police say they made contact with Pennington, who was a passenger in a car at 10:45 p.m. on the day of his sentencing in Maricopa County, and that he had been drinking alcohol while underage, a second-degree misdemeanor in Arizona.

“There are conditions on probation and one of them is to comply with all laws. The rest are technical conditions, you know, curfew periods, counseling periods and so on. So this was a violation of one condition and we took it seriously,” Mitchell said.

But probation experts say it's unusual for prosecutors to quickly revoke probation for minor misdemeanor charges.

“I can't say this is common. I honestly can't,” said Beth Goulden, a probation consultant with 25 years of experience. “This is unprecedented for me. I've never seen anything like this. If someone can prove that this isn't the case, then that's a good thing for us.”

Goulden questions why Pennington was not given the opportunity to work with the Maricopa County Probation Department to comply with the terms of his probation and address any violations, rather than filing a motion to revoke his probation four days after it was imposed.

“He may have an alcohol problem, but I'm not sure the probation department had the time to assess that and refer him to mental health or substance abuse classes or treatment or anything like that,” Goulden said.

The Mitchell County Attorney is standing by her office's decision to offer Pennington a plea deal, which she argues is because his top charge in the Gilbert assault is only the lowest level felony in our nation's justice system.

“This is a felony that could potentially be reduced to a misdemeanor if tried and convicted. This is subject to probation. There is a good chance he will get probation, in fact it is overwhelmingly likely he will get probation. That's why we made that offer,” Mitchell said.

At an upcoming hearing, Pennington will appear before a Maricopa County judge to determine whether he will remain on probation or be sent to jail for 120 days, a condition he agreed to when accepting the plea deal.

Pennington is on probation in Pinal County for a November 2023 assault case.

The Pinal County Prosecutor's Office said the situation on the ground is “fluid” and all will “be revealed in due course.”

Catch up on the latest news and stories on the 12News YouTube channel: Subscribe now.