Although the figure has dipped recently, mostly because of the stable crime rate, Georgia has one of the highest probation populations in the country. Probation is usually available even in violent felony cases, mostly because it’s cheaper than prison. The state pays zero (or almost zero) incarceration costs for probationers, and they pay probation fees to defer expenses (mostly supervision officers).
The numbers have dipped, but the rules for probation in Georgia remain much the same. The rules are very strict, partially to preserve public safety, but mostly to punish defendants and increase the likelihood of probation violation. More on that below.
Many lawyers believe their jobs end once the judge’s gavel falls. But a good Marietta criminal defense lawyer continues watching out for defendants after they go to probation orientation. When (not if) defendants break a probation rule in Georgia, attorney intervention is often the difference between a second chance and a trip to the stoney lonesome. Additionally, judges have considerable discretion to modify probation terms or even terminate these sentences early.
Avoid New Charges: Georgia Probation & Arrests
Catching another case is the most common basis for probation revocation. No second chance is available. Once probationers are arrested, their fates are outside the control of their probation officers.
These violations are disturbingly common. Probationers basically have investigative targets on their backs. When someone commits a crime in the area, police officers usually assume that probationers committed that crime or know something about it.
A Marietta criminal defense lawyer is not your mother or father and cannot control your behavior. However, an attorney can limit the damage in these cases. If the defendant has a good probation record, prosecutors often recommend a brief “scared straight” jail sentence as a condition of reinstatement.
Report to a Supervision Officer
About 10 percent of probationers abscond. They plead guilty, sign papers, make promises, attend orientation, and go off the grid. Usually, judges issue bench warrants in these cases. Then, a clerk enters the warrant into the NCIC system. Upon any law enforcement contact, like a traffic stop, or official action, like renewing a drivers’ license, the warrant pops up, and that’s that.
The one-off failure to report is at the other end of the spectrum. Supervision appointments are not dental appointments. If the probationer doesn’t appear at the appointed time, the probation officer could tell prosecutors to file a motion to revoke.
A Marietta criminal defense lawyer usually ensures that probationers get second chances in these situations. The same relief is available for semi-absconders (probationers who miss several appointments).
Sometimes, an ounce of prevention is worth a pound of cure. Probationers who have served three years and have no motions to revoke in the past two years are eligible for early discharge. However, the judge considers other factors beyond the time served, such as:
- Probation Record: Ironically, a perfect record often works against defendants. Many judges view such records as proof the defendant is thriving on probation and continued court supervision is necessary. But most judges look favorable on streaky records (three or four consecutive no-trouble months). Then, the picture is a person who’s having trouble on probation, but the system is nevertheless working.
- BID: Many probations have built-in early termination date, such as a behavioral incentive date. Usually, the probation officer automatically recommends early discharge after this date passes, except in unusual circumstances. BIDs are often buried in the fine print. So, always ask a Marietta criminal defense lawyer to go over your paperwork with a fine-tooth comb.
- Rationale: “I don’t like being on probation” is not a sufficient reason to end it. Usually, defendants must demonstrate a specific hardship. For example, Mary might be ineligible for promotion because she’s on probation, or Todd may be unable to get a bigger apartment because he’s on probation.
Other options, such as unsupervised probation, are available in some cases.
Avoid Substance Abuse
Especially in alcohol or drug-related matters, such as DUI and drug possession, substance evaluations are par for the course. Usually, the probationer must attend counseling and submit to random drug/alcohol tests.
Counseling requirements are tricky. Frequently, if defendants tell counselors they don’t have a problem with drugs or alcohol, the counselor claims the defendant is in denial.
Random tests usually occur at the supervision office. Some conditions of probation prohibit alcohol or drug intoxication, meaning that some level of alcohol or drugs (if the drug was legal) is acceptable. Other conditions require abstinence.
Marietta criminal defense lawyers often order re-tests in these situations. An independent chemist or other such professional often reaches far different conclusions from a biased police technician.
Remain in the County
Most probationers must register their addresses with their supervision officers. Sex offenders must register separately as well.
This requirement is a problem if the defendant has friends or relatives in another county. This rule for probation in Georgia could also be mutually exclusive with another rule (staying current on child support and alimony), if the defendant works in a different county.
A Marietta criminal defense lawyer typically asks a judge to modify or eliminate this condition. No waiting period applies to such requests. Judges have almost unlimited power to ease or restrict the conditions of probation at any time. The judge could even place probationers on unsupervised probation. These individuals must only avoid arrests, as mentioned above, and watch the calendar.
Pay Fines and Costs
All probationers must pay heavy fines and costs. Failure to pay this money violates the terms and conditions of probation. However, many Cobb County judges do not revoke probation unless the defendant failed to pay money and also broke another probation rule. Some judges believe that putting someone in jail for this reason alone transforms the county jail or state penitentiary into a debtor’s prison, especially if the debt was to a private entity, such as an IID mechanic.
Perform Community Service
Most probationers must perform approximately ten hours a month of community service. They must work for an approved organization (churches usually don’t count) that verifies the hours with a probation officer or the court.
On a related note, probation often includes self-improvement classes, such as anger management or VIPs (victim impact panels). Generally, the rules of probation include a completion deadline.
The rules of probation are very strict in Georgia. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
