Probation Violations

Common Terms of Probation

Successful probation depends upon your compliance with the conditions established by Georgia law or by the judge who sentenced you. General conditions include:

• Avoid injurious and vicious habits such excessive alcohol or illegal drug use
• Avoid persons or places of disreputable or harmful character
• Report to your probation officer as he or she instructs
• Allow probation officer in your residence
• Work at suitable employment if possible
• Stay within specified location
• Make reparations or restitution as required
• Support your family
• Don’t break any law – act with good behavior
• If you’ve been permitted to travel out of state, then you must waive extradition so that you can be returned to Georgia
• Allow testing related to rehabilitation and complete rehabilitative program
• Wear tracking device
• Complete mental health or substance abuse program if required
• Agree to graduated sanctions as determined by probation officer
• Pay for your drug screening(s)

Georgia law also allows for special provisions placed on probationers based upon their convictions. For example, if you were involved in a traffic infraction, you may be required to take a defensive driving course. Other examples of special conditions are drug and alcohol treatment and anger management classes. If you’ve been convicted of stalking or aggravated stalking, then you may be required to have a mental health evaluation and should not enter or remain in the presence of any place where your victim is present.

Conditions can vary from case to case and are decided upon by the judge. Modifications can be made by working with your defense counsel and the prosecuting attorney.

Violating Probation

This can occur any time that you failed to meet the requirements placed on your probationary sentence. For example, if you neglected to meet with your probation officer, then your probation could be revoked. The officer can arrest you or obtain a warrant for your arrest, and you can either be allowed to remain free or be imprisoned.

Before it can be revoked, you will have an opportunity to present your side of the issue, and you will need an experienced criminal defense lawyer to represent you. Attorney Dean Phillips will listen to your reasons for violating probation and determine if your actions were justifiable. Don’t jeopardize your relative freedom.

Probation Hearing

During the hearing, your allegations will be read to you, and you will decide whether to admit or deny those allegations. If you’ve denied the allegations, then you will have a chance to defend yourself before the judge who originally sentenced you. You are not eligible for a jury trial for a violation.

What Might Happen If I’m Found Guilty

The court has discretion on your punishment. A judge may revoke your probation, and you may have to complete your term in prison or jail. He or she may revoke a portion of your probation, or the judge could simply require you to complete further treatment or participate in extra community service.

Don’t Take Chances

Because this is your chance to finish your jail or prison term without being incarcerated, then you should talk to Attorney Dean Phillips immediately so that he can fight for your rights.

Dean Phillips represents people who have been accused of violating their probation in Marietta, Cobb County, Paulding County, Bartow County, Acworth, Austell, Powder Springs, Smyrna, Kennesaw and Woodstock. For a free consultation on your criminal defense case, call 770-627-5936.