What Happens If You Violate Probation in Georgia

What Happens If You Violate Probation in Georgia.

When a judge grants probation, a defendant receives the opportunity to serve time in the community under the supervision of a probation officer, instead of spending the time in jail or prison. But probation has strict conditions. Violating any of the conditions of probation may have serious consequences.

Types of Probation Violations

Probation allows an individual to serve all or part of a sentence in the community instead of in jail or prison. The judge establishes detailed conditions for successful completion of probation, based on authority granted in Section 42-8-35 of the Code of Georgia, which enables the court to determine the terms of conditions of probation as provided in the law. The provisions of the probation section are very detailed and give a judge wide discretion in setting conditions and terms of probation.

Failure to comply with the conditions imposed by the judge is a probation violation, which occurs when a person on probation fails to comply with any of the terms and conditions of probation. In Georgia, probation violations fall into several categories.

Technical Probation Violation

A technical probation violation is one that does not include commission of a new crime. The judge takes the nature of the violation into account in determining the consequences of the violation. Examples of common technical probation violations include:

  • Failure to report to the probation officer as required
  • Leaving the jurisdiction
  • A positive drug or alcohol test, when testing is a condition of probation
  • Failure to pay a fine or restitution that is a condition of probation
  • Failure to attend programs (such as rehabilitation, counseling, community service, or education) that are a condition of probation
  • Associating with known criminals

Special Condition Probation Violation

A special condition violation is one that is related to a specific condition of your probation (as opposed to standard conditions), such as refraining from having contact with a person under protection of a restraining order, maintaining appropriate employment, the provision that alcohol cannot be possessed or consumed, and similar conditions.

Substantive Probation Violation

A substantive probation violation occurs if a defendant commits another crime while on probation.

Penalties for a Probation Violation

If a probation violation occurs, the probation officer may report the violation to the court, which schedules a probation violation hearing. In some cases, the judge may issue an arrest warrant for a probation violation.

A defendant should not attend a probation hearing without legal representation, or make any agreements with a probation officer or prosecutor without talking to legal counsel. Our criminal defense lawyers at Criminal & Dui Lawyers of Georgia counsel and represent defendants on all matters relating to state criminal charges, including violation of probation.

At the probation violation hearing, the judge determines whether a violation has occurred, with the prosecution and defendant offering evidence and testimony on the violation issue. The burden of proof is drastically different than the proof required for a criminal conviction. The state is only required to meet the preponderance of the evidence standard. If the judge concludes that a violation occurred, potential penalties for the probation violation may include:

  • Revocation of probation (remaining time served in jail or prison)
  • Added probation time
  • House arrest
  • Modification of the report times
  • Jail or prison time
  • Additional fines
  • Additional special conditions

The prosecution and probation officer may make a recommendation to the court relating to the consequences of the violation.

The potential consequences of a violation are subject to maximum penalties, based on the type of violation:

  • Technical violation: Maximum penalty is revocation of probation for two years, which means the defendant serves up to two years in jail or prison for the revocation period.
  • Special condition violation: Maximum penalty is full revocation of the probationary term.
  • Substantive violation: Maximum penalty for a misdemeanor violation is a two-year probation revocation. For a felony, the revocation is for the amount of time for which the defendant could be sentenced to serve if convicted of the violation.

Legal Representation for a Probation Violation

An experienced criminal defense lawyer helps with a probation violation charge in multiple ways. If you are facing a probation violation charge, your attorney explains the probation violation process and potential consequences and prepares you for the court hearing. Your lawyer also develops a strategy for challenging the charge and minimizing the consequences.

Representation during the probation violation hearing includes presenting evidence to challenge the violation allegation, as well as arguing that probation should not be revoked if the court concludes a probation violation occurred. Your defense attorney also may negotiate with the prosecutor or probation officer for other sentencing options, such as rehabilitation programs or community service.

Most of all, having skilled legal counsel is the only way to ensure that you fully protect your rights and make the best effort to minimize the consequences of a violation.

Talk with an Experienced Georgia Criminal Defense Lawyer

Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants state criminal charges and probation violations in northwest Georgia. If you need legal representation, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.

Categories: Criminal Defense