Have you Been Charged with Violating Your Probation in Georgia?
If you have been sentenced to probation in Georgia, you are satisfying a jail sentence out of custody. Therefore if you violate your probation, your punishment might be to serve the remainder of your sentence in jail or other severe consequences. There are many reasons why you could be put on probation in Georgia: a DUI conviction, shoplifting conviction, traffic violation, and the list goes on and on. Sometimes the probation period lasts for 6 months, but other times you may have to deal with probation for several years. One of the drawbacks to probation is the monthly supervision fees along with the strict requirements including random drug screenings. It can be exhausting to keep up with all the demands of probation. However, violating your probation in Georgia is serious business. You need an experienced Georgia Probation Violation Lawyer to defend your case! The Office of Lawson and Berry has helped hundreds of people with probation violations in Georgia.
General Conditions of Probation
The following are typical Conditions of Probation that are imposed in criminal cases in Georgia:
- Do not violate the laws of any governmental unit;
- Avoid injurious and vicious habits especially alcoholic intoxication and narcotics and other dangerous drugs unless prescribed lawfully;
- Avoid persons or places of disreputable or harmful character;
- Report to the probation supervisor as directed and permit such supervisor to visit you at home or elsewhere;
- Work faithfully at suitable employment insofar as may be possible;
- Do not change your present place of abode, move outside the jurisdiction of the Court, or leave the State for any period without prior permission of the probation supervisor; Support your legal dependents to the best of your ability.
Furthermore, there may be other special conditions as part of your probation such as:
- Attend risk reduction course (DUI school);
- Attend a defensive driving school;
- Attend a Mothers Against Drunk Driving (MADD) Victim Impact Panel;
- Submit to a substance abuse evaluation and follow any treatment that is recommended;
- Be evaluated for anger and violence, deviant behavior, sexual deviancy and/or other special needs counseling and following any treatment that is recommended pursuant to the evaluation;
- Pay any fines and/or restitution as directed by the court or your probation officer;
- Perform a certain number of hours of community service hours;
- Pay monthly probation supervision fees;
- Avoid contact or violence with certain named people or entry into certain prohibited places;
- Do not drink any alcohol or take any drugs without a prescription;
- Submit to random drug and alcohol tests at your own expense as directed by probation.
Types of Probation Violations in Georgia
Some ways you can be guilty of violating probation. The first way is through a technical violation. This occurs when you fail to follow one of the general rules of probation such as failing to report to the probation officer. The maximum punishment for a technical violation is a revocation of up to 2 years of your probation term to serve in jail.
Another way is by violating one of the special conditions. These can include not attending the required defensive driving course or performing community service. The maximum penalty for violating a special condition of probation is to revoke the full balance of the probation term. Therefore, the rest of the term will have to served in jail.
Probation violations for new offenses are often treated more harshly than probation violations for technical offenses.
Even if you are complying with the probation rules, committing a misdemeanor during your probation period will be a violation. You could face a penalty of 2 years of the probation term being revoked and having to serve those years in jail. If you commit a felony during your probation period, you will have to serve the rest of your probation term in jail.
Your probation officer has the discretion to request a warrant for your arrest if they believe you are not complying with the probation terms.
What if I Accidentally Violated My Probation
Because of all the requirements that coincide with probation from the fees to the regular meetings to the treatment classes, there is a chance you accidentally violate your probation. Probation officers have the power to revoke part of your probation for failing to meet the requirements even if it was accidental.
It doesn't matter if you violated your probation accidentally or by failing to satisfy your conditions, the Office of Lawson and Berry is here to help! We have been able to negotiate deals before the hearing in countless cases helping clients avoid being taken into custody. However, the sooner, the better! Don’t wait to contact us because your future is at stake!