Mostly for economic reasons, almost all Georgia criminal offenders, including violent and/or repeat offenders, receive probation. Georgia spends almost a billion dollars a year on prison maintenance. The probation (community supervision) system, on the other hand, is at least partially self-sufficient. Supervision fees, court costs, and other probation fees make up a significant portion of the Cobb County Probation Office’s budget.
So, the work of a Marietta criminal defense lawyer does not end once the judge’s gavel falls. As outlined below, probation usually includes a long list of conditions. Violating any one of them could lead to a probation revocation action. These infractions are rather easy to establish in court, because the proof is straightforward and/or the burden of evidence is low. Probationers either attended a meeting or they didn’t. Most judges don’t accept any excuses. Furthermore, the burden of proof in a probation revocation matter is usually a preponderance of the evidence (more likely than not, or 51/50). That’s much lower than the burden of proof in regular criminal court (beyond any reasonable doubt).
Common Probation Conditions in Cobb County
Typically, community supervision includes some boilerplate conditions which apply to everyone, as well as some offense-specific and even case-specific requirements in some cases.
General conditions balance supervision with freedom, at least theoretically. The idea is that probationers should be able to live their lives, but they should be firmly under the court’s thumb. Some common conditions include:
- Commit No Further Offense: Usually, committing an offense means being convicted of one. In some extreme cases, such as murder, a mere arrest might satisfy this requirement. If probationers violate this condition, the violation is difficult for any Marietta criminal defense lawyer to successfully resolve. The presumption is that the defendant didn’t “learn his lesson.”
- Report Regularly: This condition is probably the second most important one. The biggest difference is that probationers must typically miss at least two or three weekly, bi-weekly, monthly, or other meeting before the case goes to prosecutors. A no-call, no-show at a counselling session, community service appointment, or other such event usually counts as a missed report.
Most probation violations cite one of these two infractions because most jurisdictions have very clear rules about these two conditions. Once probationers violate them, the case automatically goes to prosecutors.
Many other boilerplate conditions are more technical violations. Sometimes, especially if the violation involves paying money, the infraction might not even support a probation revocation case. That’s because, to many judges, jailing people because they owe money is illegal under an 1833 law. Common technical conditions include:
- Paying fines, court costs, and supervision fees,
- Performing community service,
- Avoiding “injurious habits,” a rather vague phrase which usually means no substance abuse,
- Working and/or attending school full time, and
- Agreeing to random searches.
That last bullet needs some explanation. Usually, property owners must specifically consent to a certain search. But many probation conditions include blanket consent provisions to all searches. Blanket consent is a common probation and parole condition, especially if the defendant was convicted of a possession offense, like drug possession or pornography possession.
Offense-Specific Probation Conditions in Georgia
Finally, we come to offense-specific conditions. These conditions are particularly common in DUI and domestic battery cases, two of the most common misdemeanors in Cobb County.
DUI Probation Conditions and Ignition Interlock Rules
DUI conditions often include an ignition interlock device and alcohol counselling. IIDs are essentially portable Breathalyzers which are attached to a vehicle’s ignition. To start the car, the driver must provide a breath sample. If the sample is above a certain level, usually .04, the vehicle won’t start.
For people who use their personal vehicles for work, such as salespeople, an IID could violate the Eighth Amendment’s cruel and unusual punishment clause. An IID is almost like putting these people in the stocks. A Marietta criminal defense lawyer can use this same argument to increase the BAC cutoff to something closer to .08.
Alcohol counselling could be an issue as well, especially for first-time offenders. Many of these defendants just had one too many and got caught. They don’t have substance abuse issues. Sometimes, if probationers say they don’t have a problem, the substance abuse counsellor claims they are in denial, and refuses to certify them. A Marietta criminal defense lawyer must ensure that probationers only go to counselors who are more open-minded.
Domestic Battery Probation and No-Contact Orders
Domestic battery conditions often involve no-contact orders. Occasionally, alleged victims have already obtained protective orders, so this condition is moot.
Truthfully, most probationers don’t have a problem staying away from alleged victims. But they do have a problem with the collateral consequences of a no-contact order. These consequences include problems in family court proceedings and other family-related matters.
A domestic battery conviction, even one that is a number of years old, often torpedoes custody and other such cases. To avoid such problems, a Marietta criminal defense lawyer might convince a prosecutor to drop the “domestic violence” portion if the defendant agrees to a more stringent or permanent no-contact order.
Additionally, some people need to talk to their ex-partners about material possessions, their children, and so on. It’s usually best for a Marietta criminal defense attorney to handle these interactions. This approach greatly reduces the possibility of a he-said, she-said probation revocation matter.
We should also mention that these no-contact orders apply to incidental contact, such as going to the same supermarket or athletic event.
How to Modify Probation Conditions in Cobb County
A few final words about probation modifications. Cobb County judges have almost unlimited discretion to modify the conditions of probations at any time. A probation officer, prosecutor, or Marietta criminal defense lawyer may request a modification.
Common reasons for requesting a modification include successful compliance, such as completing treatment or community service early, changes in employment or medical needs, financial hardship, or overly restrictive conditions that interfere with rehabilitation.
To modify probation, a motion must be filed with the sentencing court explaining the requested change and the reasons for it. The judge may rule based on the paperwork alone or schedule a hearing, especially if the modification is contested. At a hearing, the court considers several factors, such as public safety, compliance history, and whether the modification supports rehabilitation.
Understanding the conditions of probation helps avoid probation violation matters. 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.
