What Happens if You Violate Probation in Carrollton, Georgia?

Probation allows convicted defendants to serve their sentence in the community under a probation officer’s supervision.

However, probation comes with various conditions, which you must follow.

Any violation of probation in Georgia can lead to an arrest and, ultimately, being sent to prison to serve the remainder of your sentence. Call Moffitt Law, LLC, if you are accused of a probation violation in Georgia. Our Carrollton criminal defense attorney can review the facts to determine whether you can fight to stay out of jail.

What Does Violation of Probation Mean?

When a judge sentences a defendant to probation, the court will lay out a list of conditions. You must follow these conditions, otherwise you have violated probation.

There are three types of probation violations:

• Substantive violations. Typically, this means you are arrested for committing another crime while you are on probation. For example, you might be on probation for an aggravated assault conviction. You then get picked up for drunk driving. This is a substantive violation since all probationers need to keep their noses clean.
• Special condition violations. A special condition applies to your specific probation. For example, a judge might order you to participate in an anger management class to deal with your violence. Failure to follow special conditions will qualify as a violation.
• Technical violations. These usually include failure to pay fines or restitution, or not reporting to a probation officer when required. Failing a drug test is another example. These technical violations are usually considered less serious than substantive violations—though you should still meet all technical requirements.

Read your probation conditions carefully and ask your probation officer questions if you aren’t sure of what to do. For example, most probationers are prohibited from leaving the state or county. Don’t just head out of town—instead, talk to your probation officer if you are unsure if you are limited in where you travel.

Violation of Probation Consequences

Some people minimize the seriousness of a probation violation. That is a grave mistake. Any violation is potentially serious.

A judge will determine what consequences to impose if you committed the violation. Judges may continue, modify, or revoke probation. Some options include:

• Fines
• Additional community service
• Drug counseling and/or testing
• Psychological counseling
• Extension of the probation period
• More restrictive probation conditions
• Revocation of probation

Revocation is usually the consequence most defendants wish to avoid. Helpfully, you should have a hearing to determine whether you committed the violation, and what your consequences will be.

You can also face additional criminal charges if you commit a substantive violation. For example, someone on probation who commits a DUI can face a DUI charge. Now they have two legal issues: (1) the probation violation and (2) the new criminal charge.

How We Defend People Accused of Probation Violations

Anyone facing an accusation of violating a condition of probation should immediately call an experienced Carrollton criminal defense lawyer. It is possible to fight.

Typically, your case will begin when your probation officer files a report of a probation violation with the court. Georgia Code § 42-8-38 provides that the probation officer can arrest you for a probation violation, and the odds are pretty good you will end up in jail. Unfortunately, it’s typically hard to bail out for a violation of probation in Georgia.

The court should hold a probation revocation hearing. It’s the state’s job to prove you have committed the violation. However, the burden is not very high. It’s lower than the “beyond a reasonable doubt” standard used in criminal trials. Instead, a judge only needs to find it’s more likely that you committed the violation, and then the judge can move on to consider any penalties.

You can put on a defense. We have raised various defenses over the years when our clients are accused of violating probation:

1. Self-defense. You might have been attacked, and you defended yourself using proportionate force. You should not face criminal charges for assault or battery, so there should be no substantive violation.
2. Compliance with the condition. We might argue there’s insufficient evidence to prove you committed any violation. Although the burden of proof isn’t high, the state needs some credible evidence to show you committed a violation.
3. Events beyond your control. You might have committed a technical violation by failing to report to your probation officer. But maybe you were deathly ill in the hospital or were incapacitated due to a traffic accident. You didn’t intend to commit the violation.

We might present evidence from witnesses or surveillance video to show you did not commit a violation. It’s critical to give our office enough time to build a defense.

We Can Defend You from Additional Criminal Charges

Many people end up in revocation hearings because they are accused of committing additional crimes. For example, you might be picked up for assault, battery, sexual assault, DUI, or drug possession. This arrest can form the basis of a probation revocation hearing. But you also need to defend against the new criminal charge.

Moffitt Law, LLC can help. We handle probation violation cases, along with the full array of criminal cases in Georgia. We can advise you about whether you should testify at your probation hearing or not. Anything you say could be introduced later in your criminal trial on the new offense. We can also begin finding evidence to defend you.

Schedule Your Consultation with Us

Probation allows men and women to avoid time behind bars and continue with their lives. They can continue to attend school or work, ultimately paying back their debt to society through community service and restitution. However, if a judge revokes probation, you could end up serving a lengthy sentence in prison with no way of getting out anytime soon.

Contact Moffitt Law, LLC to speak with our criminal defense attorneys about your situation. We can meet to discuss the alleged violation, including any new substantive criminal charges, and walk you through the options.