Mostly for financial reasons, almost all convicted defendants receive probation. Georgia prisons spend about $50,000 per year per inmate. Especially as the prison population rises, that cost adds up quickly. Probationers, who remain free as long as they comply with certain conditions, aren’t nearly as much of a drain on the system. Some of these conditions, and some strategies for dealing with violations in these areas, are outlined below.
Typically, an ounce of prevention is worth a pound of cure. An aggressive defense could mean a not-guilty trial verdict, dismissal of charges, or a much shorter and more lenient period of probation. Additionally, Georgia has very liberal early discharge rules. Probationers who have served at least three years, are completely paid up, and haven’t been the subject of a revocation action are eligible for release, even if they have less-than-perfect probationary records.
A Marietta criminal defense attorney is the ounce of prevention or the pound of cure. Most criminal offenses have procedural, substantive, and/or affirmative defenses. A lawyer must review your case, identify these defenses, and advocate for you. Attorneys provide similar services in probation revocation, early discharge, and other post-conviction matters.
New Criminal Offense
New infractions are, by far, the most common probation violations in Cobb County. The ounce of prevention/pound of cure analysis applies in these situations.
Generally, probation agreements state that a criminal arrest violates probation. A Marietta criminal defense attorney can negotiate with prosecutors and/or probation officers and change the arrest trigger to a conviction trigger. That little change makes a big difference.
Officers only need probable cause to arrest suspects. So, an arrest could easily be a matter of being in the wrong place at the wrong time, especially if the new offense was a misdemeanor. Prosecutors need proof beyond a reasonable doubt to convict defendants. That standard basically requires an overwhelming amount of evidence.
Assume Tom, Dick, and Harry are in the same car when an officer pulls the car over for a traffic violation. If the officer finds drugs under the front seat, he will probably arrest all three men, even though only one, or maybe two, legally possessed the drugs.
A good Marietta criminal defense attorney could beat these possession charges in court. But only a very good attorney can effectively advocate for jail release while the drug charge is pending. Most judges flatly deny bail if the defendant is on probation, unless a Marietta criminal defense attorney convinces them otherwise.
Failing a Drug or Alcohol Test
Depending on the type of drug, the person’s weight, and a few other factors, most illegal drugs remain in urine between one and seven days. So, it’s almost impossible to tell when a dirty UA test becomes a clear test. Back in the day, UA tests were easy to fool. Now, officials closely monitor these tests. These tests can also determine if the subject used a chemical agent to clean his/her body. These substances are usually on the prohibited list as well.
Alcohol stays in the urine for about the same amount of time. Usually, alcohol stays in the breath for about twenty-four or thirty-six hours. Once again, these tests are basically foolproof.
These tests aren’t always accurate, mostly due to sampling and storing issues. Test equipment, especially Breathalyzers, require constant maintenance. If the state cannot provide an accurate maintenance record, the sample is inaccurate as a matter of law. Additionally, at a minimum, most urine samples travel form probation offices to police laboratories to courtrooms. Gaps in the chain of custody also cast doubt on the sample’s authenticity.
Failed IID (ignition interlock device) “blow and go” tests have similar issues. Most judges require these devices as a condition of DUI probation. A mechanic attaches a small Breathalyzer to a vehicle’s ignition. Defendants must provide samples before they drive and while they’re driving.
If the defendant blows above a certain level, usually .04, the vehicle won’t start. A rolling failure, or too many rolling refusals (i.e. the defendant cannot provide a sample because it’s not safe to pull over and provide one), means the vehicle will not restart.
Breath tests usually don’t have sample storage issues. But they do have collection issues. For example, slight variations in air or body temperature skew the resu;ts.
Probation conditions come into play as well. As mentioned, the IID critical level is usually .04, which is well below the legal limit. An attorney can often negotiate this level to .08 or something else higher. Additionally, some probationers are subject to random drug tests. Other times, it’s scheduled drug tests, like the testing may only occur during an official check-in session.
Probationers pay fees for all these things. Note that a failure to pay money, even a fine, is not on the top five list. The Constitution prohibits debtors’ prisons.
Failure to Report
Of all the violations on this list, failure to report infractions are the most difficult ones to defend. Serious injury or illness (e.g. I was in the hospital) and incarceration are usually the only two valid excuses.
Officials are somewhat less forgiving if the probationer fails to bring required documents, like paystubs or school attendance records. Especially if a Marietta criminal defense attorney intervenes, officials are often willing to give these probationers a second chance, particularly if the probationer has an excuse that’s better than “I forgot.”
Failure to Complete a Required Class
Once again, there is no legally valid excuse for missing a class. However, there are some practical excuses, such as transportation issues or inability to pay for the class. Additionally, a class is not as weighty as a probation supervision appointment. So, if these probationers attend the class the next time it’s held, normally all is forgiven, at least on this point.
Missed Community Service Hours
There is a difference between unwilling to complete the hours and unable to complete them. Unwilling probationers get little or no slack. Inability is different.
Many community service projects include manual labor, like picking up trash. An injury could affect a probationer’s ability to complete such community service. Additionally, some community service providers, like church groups, do not accept people who were convicted of certain offenses. Such excuses aren’t legally adequate. But they are pragmatically adequate.
Speaking of church groups, sometimes an activity like helping in the nursery on Sunday morning counts toward community service, and sometimes it doesn’t. The rules are a bit unclear.
Probation violations do not always mean probation revocation. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.