Probation Violation Lawyer Atlanta GA: Violating Conditions

By: Larry Kohn and Cory Yager, probation attorneys in Georgia at a top-rated law firm

In Search of the Right Probation Violation Lawyer. In Georgia, criminal courts have the option to grant probation instead of jail time to convicted individuals. Most of these cases are part of a "negotiated plea," as originally accused, or after having a more serious charge dropped down to a lesser offense.

This applies to people found guilty in court or who choose to admit guilt or plead "no contest." This may be a DUI probation violation or felony probation jail time on a drug possession charge.

Misdemeanor probation violation warrant. This page also explains next when a "P.O." (probation officer) near me files a violation of probation (V.O.P.) warrant.

A probation violation GA can carry serious consequences. Most potential clients are primarily focused on probation revocation jail time. Some immediately ask us, "can a probation violation be dismissed?" or "what are my felony probation rights in GA?"

When you call our office, we'll need your previous "plea paperwork" showing us all of the conditions of probation. Your prior court sentencing was concluded by a court order setting forth "conditions of probation."

We will be looking at your facts to see if this is a technical violation of probation. Also, very important is whether the VOP is for a misdemeanor or felony probation violation issue.

7 Frequently Asked Questions by People Facing a Probation Violation Hearing

These are common questions we are asked in the calls we get pertaining to an upcoming probation violation hearing:

• (1) If I failed to meet with my probation officer on the specified day, should that trigger a violation, if this is a first probation violation misdemeanor?
• (2) If I face a probation revocation for violating one of the special terms and conditions of probation, do you automatically go to jail for violating probation?
• (3) Is a police report a violation of probation, or do I have to be convicted for it to be a new violation?
• (4) On a DUI probation violation, will probation violate you if (on your vehicle) you fail an interlock test for one or more breath tests that was not specified on my special conditions?
• (5) If I have not yet set up my community service for probation near me, can that be a V.O.P.?
• (6) Is the probation violation for not paying fines, due to having no job?
• (7) What happens when you violate probation for a misdemeanor? The biggest issue is jail or prison time. Only with felony offenses would state prions time be a possibility. Read further below if the current violation came from ongoing, untreated addiction issues.

The legal "standard of proof" for these hearings is different from criminal cases, where guilt must be proven beyond a reasonable doubt. This stage of criminal proceedings uses the same standard as a civil case for money damages, which is "is the evidence greater and more believable for the State (as presented by the P.O.) or as suggested and proven by probationer and his or her probation lawyer.

What if I Don't have Lawyer Fees for Probation Violation?

Defense of a violation of can be handled "pro se" (using no lawyer and representing yourself), or by a public defender (if you are indigent), or by private legal counsel. If you cannot afford to pay legal fees, be certain to request (prior to the revocation hearing) that a lawyer be appointed.

In Georgia, probation is a three part process. A Georgia probation revocation hearing only comes after an alleged violation of probation near me. Usually (but not always) the probation officer has told or notified the probationer that something was not done on time, or fully satisfied.

These steps in the three-step process of revocation of probation are:

• (a) the discovery of a new arrest or possibility of the P.O.s "evaluation" of a technical probation violation, and the P.O. lists their "probation violation PC" (probable cause) issues (such as not reporting when scheduled), making late payments (or no payments), or leaving the jurisdiction without permission.
• (b) being scheduled for an afforded a hearing before a judge, and
• (c) the rendering of a decision about how the alleged probation violation should be "handled."

Dealing with a first probation violation warrant. Then, the probation officer draws up a violation of probation warrant, using a template that the prosecutor's office has approved. If it is a probation violation 1st offense, these have a higher likelihood of being decided in a way that no jail time is assessed than if these issues have come before the judge previously.

Some people are struggling with addiction issues. Over 200,000 people in America will die from drug overdoses in 2023. If our client needs alcohol or drug treatment, this may be one way we can defend your probation violation, since addiction is a disease.

Finding a violation is the first stage in the procedure. This entails the probation officer (or other appointed prosecuting authority) investigating & deciding whether or not the person on probation has broken any probationary rules. This can entail gathering data, speaking with witnesses, and studying records.

Our probation lawyers near me will explain what happens if you have a warrant for breaking probation and how to resolve the violation. The first probation violation is easier to handle. Judges will not accept the same excuse again, such as not meeting the probation officer as scheduled.

Abiding by Georgia Probation Rules and Knowing What to Do if an Issue Arises

Probation is better than going to prison, but it still has its drawbacks. When a judge gives someone probation, they usually set rules for how they should behave while not in jail. These rules can be given verbally or in writing, or both.

In Georgia, a violation of probation is a major legal issue that requires the expertise of a well-educated and experienced criminal defense attorney in Atlanta and surrounding court locations. If the violation is established, it can lead to revocation of probation and the offender being forced to serve the remainder of the prison sentence. Timely and assertive action is needed to avoid jail time.

A conviction for misdemeanor or felony charges results in a probationary period in Georgia, and if any of the probationary rules are broken, it can have serious, long-term repercussions. For many reasons and unexpected occurrences, a violation of probation in Georgia may occur.

Many people call our office seeking a DUI lawyer nearby. They are dealing with a probation case that involves a conviction for driving under the influence. Alternatively, they may have been charged with reckless driving, which was later reduced from a DUI offense.

No matter what, don't ignore it. You can get a free consultation with a lawyer through Zoom, phone, or in-person. Just call 404-567-5515 anytime. If necessary, ask about our monthly payment plans as your case goes on.