Are you facing charges for violating your probation in Georgia? The team at Fennell, Briasco & Associates™ can represent you in helping to secure your freedom. Our team of skilled criminal defense attorneys represents clients across North Metro Atlanta in criminal matters for violations of probation. With more than 85 combined years of experience in Georgia courts, our team can help you put forward your best case for avoiding future jail time. Contact us today at (770) 956-4030 for a FREE legal consultation.
What is probation?
Probation is a type of sentencing measure that the court can impose on a criminal offender (referred to as the “probationer”) in lieu of jail time or incarceration. Under Georgia law, there are two types of probation: (a) split sentences and (b) probated sentences. In a split sentence, the probationer will first serve time in jail or prison and then be placed on probation upon release. In a probated sentence, the court can impose probation as a means of sparing the probationer any jail time if the court believes that incarceration is unnecessary.
Probation regulates the behavior of the offender and dictates where the probationer can go, what the probationer can do, and with whom the probationer can associate. Instead of serving a jail sentence, probation may require that the probationer pay a fine, complete community service, meet with a probation officer, comply with drug and alcohol testing, or meet other behavior guidelines.
What are the conditions of probation?
The conditions of probation can be challenging. Eventually though, most probationers manage to adjust to probation relatively quickly and make it through their period of supervision without issue. Some conditions of probation may include:
- Following all local, state, and federal laws
- Avoiding contact with all persons and places that may be involved in illegal or harmful activity
- Regular reporting to a probation officer
- Allowing a probation officer to visit the probationer’s home or place of work
- Attending rehabilitative treatment and complying with drug & alcohol testing
- Maintaining full-time employment
- Wearing an electronic tracking device or ankle monitor
- Performing community service
- Obtaining a high school diploma or GED
- Complying with a daily curfew
- Payment of all fines, restitution, and fees
What happens if I violate my probation?
For one reason or another, many probationers end up in situations where they violate their probation orders. Common probation violations include: failure to appear for a court appearance; failure to report to a probation officer; possession or use of illegal drugs; or committing a criminal offense while on probation. In many cases, the probationer may commit these violations unwittingly, only to end up facing serious criminal consequences for something they did not intend.
Because probation is ordered in lieu of jail time, a probation violation is considered a betrayal of the court’s trust and is treated as a very serious crime. If you are found to be in violation of your probation, you have no right to bail before your hearing and the sentence ultimately imposed on you is likely to be harsher than the average punishment for the crime which led to you initially being placed under supervision.
What are my rights under probation?
Under Georgia law, probationers have certain rights that protect them from unfair treatment or jail time. To help you craft a legal defense, a criminal defense attorney will assess the following legal considerations:
- Notice of Charges: If the court has reason to believe that you are in violation of the terms of your probation, the court must provide you with a written notice of the charges against you. The date that you receive this notice and the content of the notice can affect your legal defense. It is essential that you keep this written notice to help your Georgia criminal defense attorney guide you towards a victory.
- Impartial Judge: Those who find themselves accused of a violation of probation may forfeit certain rights ahead of their trial or hearing. However, all probationers are entitled to see their case presided over by an impartial judge. If you have reason to believe the judge assigned to your case is biased against you, Fennell, Briasco & Associates™ will help you file a request for a new judge, ensuring that future criminal proceedings are fair and impartial.
- Evidence: All probationers accused of violating the terms of their probation are entitled to present their own evidence in order to dispute or refute the evidence against them. Our team of criminal defense attorneys will assist you in gathering evidence and witnesses to support your case. As trusted legal advisers, we help
Find a Georgia Probation Lawyer
In order to avoid hefty fines and lengthy jail sentences, probationers who are accused of violating their probation are encouraged to contact the criminal defense attorneys of Fennell, Briasco & Associates™. Probation violations are complicated, and our mission is to protect you from unfair treatment and jail time to the fullest extent provided under Georgia law. Our team will work tirelessly for those who have been incorrectly or unfairly accused of violating their probation. Our attorneys will provide you with the highest standard of legal representation in the State of Georgia, putting you on course to the victory you deserve. Contact our firm today at (770) 956-4030 for a free consultation.
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