A 25-year-old woman is on the run after allegedly violating her probation in Coweta County.
According to authorities, Aleefah Sumpter allegedly stole debit card details from a customer while working at a Whataburger drive-thru in Newnan on Feb. 21. Investigators say she then used the stolen card information later that same day to pay fines and fees ($400) with the Coweta County State Court Probation Office, where she was serving probation from a previous offense.
Senoia Police, working in coordination with the Coweta County State Court Probation Office, identified the probationer as the suspect after matching the timing of the victim’s transaction at the drive-thru with the unauthorized use of their debit card. The victim also positively identified her as the employee who handled their transaction.
Investigators informed the woman of the charges, and she initially agreed to turn herself in on Feb. 21. However, authorities say she failed to appear and has stopped responding to investigator calls. Family members told police that she had fled to Florida.
Terms of Probation
Paying fines, court costs, and probation fees, preferably with legally acquired funds, is just one condition of probation. In fact, it’s not even the most onerous condition of probation. Others include:
- Avoid Disreputable People: We’ve been practicing criminal law for a long time, and we’re still not sure what this condition of probation means. At the minimum, probationers should avoid associating with known criminals. They should probably also avoid hookah lounges and other such places.
- Attend Supervision Meetings: Failing to attend supervision meetings is one of the most common grounds for probation revocation. Most probationers must meet with supervision officers at least monthly. At these meetings, they must normally produce documents, such as paystubs and report cards.
- Stay Out of Trouble: An arrest for any misdemeanor or felony is usually a violation of probation. This probation infraction often means jail or prison time, both for the new offense and the revocable offense. A new arrest, in the minds of most authorities, is proof positive that probation isn’t working.
Other conditions of probation include submitting to drug tests and consenting to random property searches in advance.
Drug test frequency usually depends on the offense. Probationers who were arrested for an alcohol or drug-related offense can expect scheduled tests as well as random tests. The consent condition is usually buried deep in the fine print, but investigators often take advantage of it. If someone commits an offense in the area, probationers have targets on their backs during initial investigations.
Violating Probation
As mentioned, if a probationer is rearrested for another offense, even the best Marietta criminal defense attorney has limited options. That’s especially true if the new offense was similar to the old one (e.g. a DUI probationer who picks up a second DUI). If the probationer committed a technical violation, more options are available.
Missing a supervision appointment is a good example. Normally, an injury or illness requiring hospitalization is the only excuse for missing an appointment. Technically, the probation officer can refer the matter to prosecutors if the probationer misses one meeting.
However, a Marietta criminal defense lawyer often advocates for probationers at this point. Many probation officers are willing to give probationers another chance.
If the matter goes to court, resolution options include an extension of the term, additional conditions, and brief incarceration as a condition of reinstatement.
Additionally, if the defendant originally received deferred adjudication probation, the judge may proceed to judgment and then reinstate probation.
Modification/Early Discharge
Probation terms in Georgia are unusually long and restrictive. Therefore, motions to modify and terminate probation are rather common in the Peach State.
Under Georgia law, a judge has almost absolute discretion to modify the terms of probation at almost any time. Frequently, modification is a good option for probationers who don’t qualify for early discharge. Many times, judges convert probation to unsupervised probation. These probationers need not meet with supervision officers or jump through any other hoops. They must only wait for the clock to reach zero.
A recent law substantially changed the procedure for early termination of probation. Now, probationers are eligible for this relief if they have:
- Served at least three years,
- No motions to revoke in the past twenty-four months, and
- Paid all restitution.
Note that early termination is possible if the probationer owes fines, court costs, and/or supervision fees. Early termination eliminates the need to pay this money.
Additionally, if the judge terminates probation early, some disabilities of a criminal conviction are removed. For example, early termination usually restores the right to vote.
If the probationer meets the aforementioned criteria, the probation officer may submit an order to terminate probation. The court must grant that order unless the prosecutor or judge requests a hearing within thirty days. A hearing must be scheduled within ninety days.
At that hearing, a Marietta criminal defense lawyer must prove that early termination is in the best interests of society and the best interests of the defendant.
Record Sealing
O.C.G.A. §35-3-37 provides for the restriction of certain criminal history records for non-criminal justice purposes when approved by the prosecuting attorney. S.B. 105 waived the application process for arrests after July 1, 2013. A Marietta criminal defense lawyer must simply contact the prosecutor to have a record restricted.
Record restriction is a lot like a smartphone’s delete function. If you delete a picture, it’s still there, but only people with certain technical expertise can see it. Restriction hides a record from public view. A few government agencies, mostly law enforcement and judicial agencies, have access to that record. But most landlords, employers, and other private citizens cannot see it. Additionally, if a job application inquires about criminal records, a person with a restricted record can legally answer “none,” at least in terms of convictions.
The arrest record remains visible. If anyone asks about it, a simple explanation, like “I hired a Marietta criminal defense lawyer, and the lawyer took care of it,” usually satisfies inquiring minds.
Obtaining a pardon from the Georgia Board of Pardons and Parole is the first step in the record restriction process. At a subsequent hearing, the judge will grant the restriction if it is determined that the harm otherwise resulting to the individual clearly outweighs the public’s interest in the criminal history record information being publicly available.
Successfully completing probation is difficult in Georgia. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
