When you are convicted of a crime in Georgia, you could be sentenced to a term of imprisonment. However, probation is an alternative sentencing that can help you avoid incarceration. While probation is beneficial, it also comes with strict terms and conditions. Probation violations can lead to significant penalties and legal consequences. For more information and to obtain knowledgeable legal counsel during your case, continue reading and consult with a skilled Cobb County criminal lawyer today.
What is Probation?
Probation is a court-ordered alternative to incarceration. Instead of serving your sentence behind bars, you are permitted to live in the community under the supervision of a probation officer. Under Georgia law, probation is an option for both misdemeanor and felony offenses, though it cannot be issued in a case where the offense is punishable by death or life in prison.
Probation is a conditional freedom, meaning that you will be required to abide by certain rules to remain out of jail. Conditions vary based on your conviction and personal circumstances, but some common examples include the following.
- Regular check-ins with your probation officer
- Obeying all laws
- Abstaining from drugs or alcohol and submitting to random testing
- Performing community service
- Paying fines or restitution
- Maintaining employment or schooling
- Refraining from seeing certain people
- Remaining in the county or state unless you obtain permission to travel
If you disobey any of the conditions of your probation, it is considered a violation and you could be rearrested and face substantial penalties.
What Are the Penalties for Probation Violations in GA?
Violating any term of probation can result in serious consequences. There are two main types of violations: technical and substantive. A technical violation is one where you disobey one of the conditions, like refusing to attend school, testing positive for drug use, or leaving the state without permission. Substantive violations occur when you commit a new crime while on probation.
Under the Official Code of Georgia Annotated § 42-8-38, after a violation hearing, the court has the authority to continue, modify, or revoke probation. If the offense was minor or it was your first violation, you may be issued a warning and be permitted to continue with probation as you were. However, there could be changes made as well.
The court could also modify the terms of your probation. This can include adding conditions, making rules stricter, or extending the period of time that you are under supervision. In the most serious of situations, your privilege could be revoked altogether. If probation is revoked, the court can require you to serve out the remainder of your original sentence in jail or prison.
Technical violations may lead to shorter terms of confinement or extensions. However, new offenses can result in total revocation of your probation privileges and sentencing on the new crime, plus your original offense. The actual outcome of your probation violation will vary depending on the specific circumstances of the situation and the court’s decision. For more information, contact a skilled attorney today.
