Understanding Probation Violations in Georgia

In Georgia, those convicted of a misdemeanor or felony may have an opportunity to satisfy their sentence out of custody if the judge issues a probation order. Probation allows a person under a first offender agreement or a convicted individual a chance to avoid incarceration under the supervision of a probation officer. If the probationer violates the terms and conditions of his probation, that “freedom” can be revoked, and the probationer faces jail time. The judge that sentenced the probationer to probation will hold the revocation hearing. The prosecution officer and/or the District Attorney only have to prove that a violation occurred by preponderance of the evidence. If under a first offender plea, the probation may be adjudicated guilty of the original offense and face additional consequences for the alleged violation. Unfortunately, probation requirements can sometimes be difficult to comply with or unintentionally violated. Here is everything you need to know about probation violations in Georgia. Terms and Conditions of Probation Common probation terms and conditions include:

• regularly reporting to the probationer office
• maintaining employment
• performing community service
• abiding by local, state, and federal laws

Other types of special conditions may include:

• drug or alcohol testing and / or treatment
• submitting to random home searches
• paying restitution
• wearing a tracking device
• avoiding contact with specified individuals

In addition to the common probation requirements that the probationer must comply with, the presiding judge can also impose additional terms and conditions depending on the particular crime. For those convicted of crimes against a minor or convicted of sexual offenses, additional probation requirements could include avoiding the victim’s home, school, or workplace, avoiding any place where minors congregate, allowing review of email correspondences and internet activity, and allowing inspection of computers and other devices with internet access. Types of Probation Violations Probation violations can fall within two main categories, a technical violation and a substantive violation. A technical violation refers to violating or failing to meet the terms and conditions of a probation sentence. For example, failing to report, missing a restitution payment, and loss of employment are all considered technical violations. A substantive violation refers to when a probationer commits a new misdemeanor or felony offense. Not only can the new offense be used to revoke probation, but it must also be addressed in a separate case. What Happens After a Probation Violation? Failure to comply with the terms and conditions of probation could result in the probation officer requesting the probationer to appear in court for a probation violation hearing. During the hearing, a judge will hear the case and the probation officer will request some form of penalty, which could include incarceration. When determining whether a probation violation did occur, a judge might consider the type, seriousness, and nature of the violation. If the probationer is found guilty of violating his probation, sentencing could include extending the probation period, imposing additional probation terms, or revoking probation and ordering the probationer to serve time in jail. While staying out of trouble is the probationer’s responsibility, it is feasible that a probation violation could occur due to circumstances that were out of his control. For example, getting laid off and becoming financially unable to make restitution payments could each result in probation revocation. At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Our criminal defense attorneys, Patrick McDonough and Trinity Hundredmark, have combined experience of more than 30 years representing clients facing criminal charges in Georgia. For more information, or to request a case evaluation, contact our law office at 1-770-822-0900.