Finding constructive solutions to difficult legal challenges
If your probation officer says that you’ve violated the terms of your probation, you may face some serious penalties, including jail time. To defend yourself against these charges and receive the sound legal representation you need, work with the knowledgeable Marietta criminal defense lawyers at Nicholson Phillips. We have served clients across northern Georgia for more than two decades, delivering on our promise of ethics, diligence and exceptional conduct with each case we take on. For a dedicated attorney who fights for your constitutional rights, call on our respected law firm.
What are the common probation violations?
When a court of law mandates probation as a penalty for a criminal conviction, you need to adhere to strict policies and meet regularly with a court-assigned probation officer. Some of these requirements can be confusing, and many people violate the terms of their probation without even realizing it. A criminal defense lawyer can help with these matters, helping you better understand your probation terms and represent you if face a revocation hearing.
The following are some of the most common ways individuals violate probation:
- Missing scheduled meetings with probation officers
- Failing drug tests if your probation terms require you to refrain from using drugs
- Traveling out of the state or making plans to do so
- Violating curfew requirements
- Failing to perform required community service or drug/alcohol treatment programs
- Associating with prohibited individuals or violating restraining orders
- Getting arrested for another crime
Penalties for probation violation
In Georgia, there are some serious consequences for probation violations, including up to one year incarceration in a jail or prison, mandatory time served in a probation detention center (usually three to six months) and fines. You may also receive additional requirements from the court, including drug or alcohol treatment programs, anger management counseling and drug screening.
If you are accused of violating the terms of your probation, you will have the opportunity to plead your case in a hearing. Just like a typical court hearing, the prosecutor will present evidence of the violation, and you and your defense lawyer will be able to dispute this evidence, present your own evidence and call witnesses, if necessary. The decision of whether or not a violation has occurred is up to the presiding judge, and you do not have the right to a jury trial. It is possible to appeal the judge’s ruling, however.