Instead of a jail or prison sentence, some criminal offenders in Georgia are sentenced to probation. Probation allows a person to serve their sentence outside of custody and under the supervision of a probation officer. Those on probation must follow very specific rules and conditions which, if breached, can lead to harsh consequences.

Violating probation does not always mean automatic jail time, however, a probation violation should be taken very seriously. At the Law Firm of Abbi S. Taylor, we have decades of experience representing individuals charged with violating the terms of their probation, and we will do the same for you. 

Probation Terms and Violations

The terms of your probation will be specific to your case, but there are some standard probation terms that may apply to your case. For example, probationary terms could include the following requirements:

• Reporting to your probation officer regularly
• Maintaining a job
• Loss of firearm privileges
• Submitting to random drug or alcohol tests
• Attending drug or alcohol testing, treatment, or counseling
• Performing community service
• Paying restitution (compensation) to your victim
• Submitting to random searches of your car and home
• Residing within the jurisdiction of the court
• Paying monthly probation supervision fees
• Staying away from certain people or places
• Staying out of trouble with the law, meaning no additional arrests

The conditions of probation can be extensive. If you do violate any of the conditions of your probation, such as failing a mandatory drug test or losing your job, or if you are accused of committing a new crime, your probation officer will determine what action to take. Depending on the severity of the violation, your probation officer may issue you a warning or request that you appear before a judge at a probation violation hearing.

If you are confused about any of the conditions of your probation, Abbi, a Georgia probation violation attorney, can assist you with understanding what rules you need to follow to avoid trouble.

Probation Violation Hearings and the Consequences of Violating Your Probation

At a probation violation hearing, a judge will determine, based on the evidence provided by your probation officer, whether you violated the terms of your probation. The state must establish by a preponderance of the evidence (more likely than not or 51% likely) that you violated your probation. This is a much lower standard than the burden of proof that the state must establish in a criminal case, which is beyond a reasonable doubt.

The state may present evidence and witness testimony to support their case. Your attorney can also present evidence and witness testimony, and cross-examine the state’s witnesses as well. Ultimately, it is up to the judge to determine if you violated probation and whether to impose a penalty. You are not entitled to a jury trial for a probation violation hearing.

Consequences of violating probation may include more intensive probationary terms, community service requirements, or the completion of a diversion or treatment program. A judge can also decide to revoke your probation and order you to serve the remainder of your sentence in jail or prison.

How Abbi S. Taylor, a Georgia Probation Violation Attorney, Can Help

Whether you fell behind on restitution payments, misunderstood the terms of your probation and inadvertently violated it, or were charged with a new crime, The Law Firm of Abbi S. Taylor can help you. The potential consequences of a probation violation are too severe to appear in court without proper representation.  Abbi is available to help you defend your rights and help you avoid the harsh penalties of a probation violation. Call us today for a free consultation.