UNDERSTANDING PROBATION VIOLATION GA

When a person commits a criminal offense, they are sometimes ordered to adhere to restrictions and complete their sentence or punishment in the community rather than go to prison. The point of probation is to be an alternative way of rehabilitating offenders instead of incarcerating them in an already overcrowded prison system. Sometimes, the court will mandate the probation period to be completed in a rehabilitation center, but it is often done at home.

Before probation is ordered, the judge will determine if the offender can be rehabilitated with probation or if they should serve a prison sentence. The most likely to receive probation are minors, those who committed misdemeanors, or first-time offenders. These people are most likely to be deemed non-threatening to those around them.

When a probation sentence is ordered, the offender must agree to follow a specific set of rules for the duration of the probationary period. Failure to do so will result in a probation violation, and they will be required to complete their sentence in jail or continue probation with further restrictions. That’s why having a strong defense team on your side is crucial.

If you or someone you love has been charged with a probation violation in GA, don’t hesitate to contact the skilled criminal defense attorneys at Conoscienti & Ledbetter for a free consultation. Our experienced team will work tirelessly to protect your rights and fight for the best possible outcome in your case.

The state or federal government can monitor an offender’s probation term in Georgia. When offenders break laws, they may be subject to supervision by the state where they committed the crimes. The offender can move to another state during probation, and both states approve of the transfer. If not, they will not be allowed to move. If the offender has committed one or more federal offenses, they will be supervised by the Office of Probation and Pretrial Services.

Some offenders have reported that state probation is less strict than federal probation. The probation officers at the federal level have more resources available to them, making them able to do more when it comes to ensuring offenders are following all rules.

No matter if you – the offender – are on federal or state probation, you should follow all conditions set forth by the judge, court, and probation supervisor. Any violations of your probationary terms mean you will face penalties up to jail time, but a criminal defense lawyer in Atlanta can help defend you against this. If you’ve been charged with violating probation in Georgia, please call us at (404)-328-7276.

Here are the terms you will likely have to adhere to when awarded probation:

• No leaving the country.
• No leaving the state without permission. You must also inform your probation officer if you move within the state.
• Attend all meetings with your probation officer.
• Pay all your monthly probation fees, including those for drug tests.
• Pay restitution if ordered.
• Avoid contact and communication with other felons.
• Maintain suitable employment.
• Attend counseling, rehab, and all other court-ordered programs, such as community service.
• Tell your probation officer if you are arrested again.
• Do not keep drugs or paraphernalia in your home.
• Obey curfew orders.
• Cooperate with random searches of your home.
• Do not possess firearms.

If the crime committed is more serious, more restrictions can be placed. The probationer may also have to follow special conditions unique to them, such as:

• No alcohol can be kept in the house.
• An ankle monitor must be worn at all times.
• Must register under the Georgia sex offender registry.
• No possessing pornographic material.
• Must see a therapist weekly.
• Must perform frequent check-ins.

If a probationer violates any terms and conditions of probation, they may face a probation revocation hearing, which can lead to probation revocation and jail or prison time. This is why hiring an Atlanta, GA, criminal defense lawyer as soon as the violation occurs is essential.

There are three types of probation violations in Georgia: a technical violation, a substantive violation, and a special condition violation of probation.

Special condition violations and technical violations occur when a probationer fails to meet one or more of the conditions of probation, such as failing to report to the probation officer. In contrast, substantive violations occur when a new crime is committed. However, each method of violating your probation is equally serious, bringing the potential for incarceration if convicted of the violation.

A probation violation hearing is held when the court believes an offender has not followed their probation terms. During this hearing, the judge will determine whether a probation violation occurred, the penalty, and whether the probation should be revoked. If the judge finds that a violation did occur, the penalty may include jail time, additional probation requirements, or even a prison sentence.