Before you violate your probation conditions in Georgia, it is better to know about them thoroughly to avoid further trouble. Probation violation rules in Georgia are strict and violating them can be life-altering. If you are convicted of a misdemeanor or felony and are on probation, it is important to know about all the requirements that you need to meet.
Though not as difficult as staying in jail, probation conditions sometimes get too difficult to follow. However, even a single violation of probation rules can aggravate your current situation. Some of the probation terms and conditions according to Georgia law include:
- Reporting to your probation officer regularly
- Maintaining your job while on probation
- Zero communication and contact with certain people and places
- Relinquishing firearm rights
- Participating in community service for specified hours
- Paying restitution for the damages caused to the victim
- Submitting to arbitrary searches of your home
- Acting in a manner that creates no other trouble during your probation period as this may lead to revocation of probation period
Some of these terms are easy to violate, even without actually trying to. When things start getting out of control unintentionally, that is when you will need a criminal defense attorney in Georgia to avoid further trouble or jail time.
Consequences of Probation Violations
Georgia law divides probation violations into two types — technical and substantive. In either of the conditions, you will be granted time to present your hearing before the judge. It is advisable to have an attorney represent you during this hearing.
- A technical probation violation is when you are simply accused of violating any of the conditions of probation.
- A substantive probation violation is when you are accused of committing another crime during your existing probation period.
At the probation revocation hearing, you will be allowed to present and support your case before the judge. The prosecutor will be given the same opportunity. A good criminal defense attorney could present a strong case with witnesses. Your attorney can also cross-examine the prosecutor’s witnesses with your probation officer.
Quite different from a criminal case, in this case, the prosecutor’s job is relatively easy. They do not have to prove that the violated probation rule is beyond reasonable. You can lose your freedom with a single piece of evidence that shows a Georgia probation violation occurred.
Georgia Probation Violation Defenses and Your Attorney
With the help of a criminal defense attorney in Georgia, you may still be able to create a viable defense against a probation violation. The law says that the probation violation should be significant and intentional. If your attorney can present a strong case before the court and provide substantial proof that the probation violation occurred was not intentional, he or she can minimize your penalties for and may be able to modify your existing probation terms.
If you or someone you know has violated Georgia probation laws, contact the attorneys at Tyler Moore Law to schedule a consultation today and let us ensure your rights are protected.