If you are currently on probation in Georgia or you think you may be faced with probation in the future, it is important to understand what happens if you violate your probation. When you are aware of these consequences, it becomes easier to stay within the confines of the law and serve out your sentence in the most manageable way. If you have already violated your probation, you need to speak with a legal expert immediately to plan out your next move.
The Basics of Probation in Georgia
Individuals are sentenced to parole in lieu of a prison sentence. This means that although you might be “free” in the typical sense of the word, you are still technically under custody. If you are already currently under probation, you probably know that probation is not exactly easy. You may be subject to random drug tests, supervision, and a long list of other requirements. Keeping up with these requirements is not just tiresome, it can also be quite expensive in terms of various fees. In some cases, individuals may break their probation without really intending to, simply because they forgot to follow some of these requirements.
What Constitutes as Breaking Your Probation in Georgia?
What kinds of actions will result in the violation of your probation? Here are a few possibilities:
- Violating the laws of any governmental units (committing new crimes)
- Consuming illegal drugs or becoming intoxicated by alcohol
- Meeting with disreputable individuals
- Failing to meet with your probation supervisor
- Failing to find work opportunities/attend work regularly
- Relocating outside the jurisdiction of the court
- Failing to attend DUI school
- Failing to attend defensive driving school
- Failing to attend counseling for anger management, sexual deviancy, or other issues
- Not paying fines
- Not performing community service
- Not paying monthly probation supervision fees
- Not submitting to random drug and alcohol tests
You can violate your probation by either committing a technical violation (breaking one of the general rules) or by violating a special condition (such as failing to perform community service). Both violations can put you in prison.
What Happens Next
After it is alleged that you have violated your probation, a warrant may be issued for your arrest. In most cases, you will then be given a preliminary hearing in order to determine whether you have in fact violated your probation. During this preliminary hearing, it is critical that you enlist the help of a legal professional. You or your attorney will have the chance to present witnesses and documentary evidence, as well as cross-examine witnesses.
It is important to note that probation violations can often occur as a result of mistakes or inaccurate information. Your probation supervisor may have simply made an error when reporting your activities. On the other hand, you may have forgotten to pay fees or violated another condition of your probation by accident. A qualified legal representative can make sure you are being painted in the best possible light. With the right assistance, you may be able to have your probation reinstated.
Get the Help You Need
If you think you might have violated your probation, it is important to seek legal help right away. Reach out to Lankford & Moore Law today, and we can help you prepare for your preliminary hearing. With help from qualified legal experts, you stand a much better chance of having your probation reinstated.