Generally a conviction for misdemeanor or felony charges will involve a term of Georgia probation. If you, or someone you care about, violates the conditions of GA probation laws, the consequences can be drastic and life-changing. There can be many reasons for such a violation of probation in GA, but whatever the reason, you should waste no time in contacting an attorney with experience in this area of the law, to ensure the best defense possible. Keep reading to learn how George McCranie and his team handles Georgia probation violation defense.
Georgia Probation Requirements Are Sometimes Difficult to Meet
While probation is certainly preferable to jail time, its relative freedom comes at a cost. When a judge issues a probation order, they typically impose a series of restrictions on your conduct. A single mishap or lapse in judgment can result in the revocation of your probation, increased penalties, and incarceration. Unfortunately, many people find their probation requirements incredibly difficult to meet– often at no fault of their own.
Because our clients come to us from all over south Georgia, at the McCranie Law Firm we are very aware that procedures for pursuing probation violation in Georgia can vary from county to county. Georgia Law provides for the required terms and conditions of probation. Judges can also add additional terms and conditions.
- Common probation terms and conditions include:
- Regular reporting with your probation officer
- Maintain a job while you’re on probation
- Have no contact with certain people or places
- Loss of your firearm rights
- Require drug counseling, testing, and treatment
- Perform community service hours
- Pay restitution to the victim (compensation for the damage you caused)
- Submit to random searches of your home
- Stay out of trouble (an arrest while you’re on probation can lead to its revocation)
- These are just some (not all) of the additional conditions that Judges can add to probation.
Something as innocent as losing your job or falling behind on restitution payments can put your freedom at risk. While it’s always in your best interest to comply with your probation requirements, the team at the McCranie Law Firm understands that some things are out of your control. When the unexpected happens, you need an experienced lawyer at your side. I handle every case from start to finish; it is my knowledge of the law as well as these county-to-county differences that will dictate your defense.
What Happens When You Violate the Terms of Your Probation Order?
Georgia probation violations fall into two main categories:
- Technical Violation: you are accused of violating the conditions of probation
- Substantive Violation: you are accused of committing a new crime
We approach your particular probation violation charge in the way that delivers the best possible outcome to you. If you are charged with violating GA probation laws you are entitled to a timely hearing before a judge.
The Probation Revocation Hearing
At a probation revocation hearing, a judge will assess your alleged Georgia probation violation and decide whether they should impose additional penalties or revoke your probation and send you to jail. At this hearing, you can present evidence and witnesses that support your case — and the prosecutor will have the same opportunity. Your lawyer will also get a chance to cross-examine the prosecution’s witnesses, which will typically include your probation officer.
However, unlike at a criminal trial, the prosecutor’s burden of proof is relatively law. The authorities do not have to show that you violated your probation beyond a reasonable doubt. Instead, if most of the evidence suggests a Georgia probation violation occurred, you might lose your freedom.
A Georgia Probation Violation Lawyer Can Help
For this reason, it’s vital that you work with an experienced and aggressive Georgia probation violation lawyer. At the McCranie Law Firm, we have extensive experience with Georgia probation violation defense. We understand how devastating a prison or jail sentence can be for you and your family. Because we truly value their freedom, we fight for our clients.
When you work with us, we’ll create a Georgia probation violation plan that is tailored to your family’s unique needs and goals. Depending on your circumstances, this might involve negotiating an agreement with your probation officer and the prosecutor — potentially adding time or more conditions to your probation in exchange for your continued freedom. Or we might demand a revocation hearing and present your defenses to the judge.
To request a free consultation from the McCranie Law Firm, simply call us or complete our simple, online form. We’re looking forward to hearing about your situation and want to help.
You Might Have Georgia Probation Violation Defenses
While probation officers and prosecutors tend to be skeptical of probationers, the law is clear. A probation violation must be significant and intentional. In other words, suppose your car suddenly breaks down and you can’t make it to a substance abuse meeting. You do your best to find a ride, but it’s impossible on such short notice. This might not be a “significant and intentional” violation.
However, there’s a lot of nuance to this analysis. Suppose your car broke down two weeks beforehand, but you decide to wait until the very last minute to look for a ride to your counseling appointment. Under those circumstances, you might face revocation unless you have a strong defense strategy. To learn more about your defenses, contact our experienced probation violation defense team today.
Judges also typically have wide discretion over Georgia probation violation penalties. If there are extenuating circumstances surrounding your violation, or you’ve been a model probationer who made a minor violation, a skilled lawyer might be the difference between prison time and a few additional hours of community service. While every case is different, the McCranie Law Firm always does its best to protect their clients’ freedom and legal rights. Call us today for a confidential, no-risk consultation.
Georgia Probation Violation: How McCranie Law Firm Can Help
It is important that you consult an experienced probation lawyer, because in Georgia it is possible for a judge to modify the terms of your probation to make it easier to complete, or to reinstate it without penalty.
I am George McCranie IV, an experienced probation attorney, who looks after the interests of the citizens of south-east Georgia. Based in Coffee County, City of Douglas, McCranie Law provides the highest level of professional legal counsel to clients in surrounding counties.
My team and I welcome your call on 912-209-9401 or email. Contact us in order to schedule a free consultation.