Convictions in criminal cases result in the punishments outlined in the law for that crime. Fortunately, a Judge has the power to sentence a defendant to Probation instead of jail time. Probation is an out-of-custody jail sentence. However, probation usually comes with conditions that the Defendant must comply with while on probation. Violating these conditions can result in probation revocation, leading to incarceration. At The Freedom Lawyers, we are the Premier Marietta Probation Revocation Lawyer. We specialize in defending probationers facing revocation, and making sure they have a strategic defense and proactive legal representation.
If you are facing a probation revocation, Contact The Freedom Lawyers to Schedule a Consultation Today.
Understanding Probation in Georgia
Under Georgia law, every sentence is a jail sentence. However, O.C.G.A. §42-8-34 allows the sentencing court to sentence a defendant to probation as an alternative to incarceration. A probation sentence is technically a suspended jail sentence that can be revoked for any violation. The duration of probation varies based on the offense:
- –Misdemeanor cases: Typically up to 12 months minus time served.
- –Felony cases: Can range from a year to lifetime supervision, depending on the crime.
Probation includes both general and special conditions:
- –General conditions (O.C.G.A. §42-8-35): Reporting to a probation officer, drug screening, and paying fines.
- –Special conditions: (O.C.G.A. §42-8-34.1): Court-mandated programs like community service, substance abuse treatment, or restitution payments.
What Constitutes a Probation Violation?
A probation violation occurs when an individual fails to comply with any condition of their sentence. Anytime a violation occurs, the Probation Officer may issue a warrant to revoke probation. It is essential to hire an expert Marietta Probation Revocation Lawyer as quickly as possible, as the timing of representation can greatly influence the amount of time an offender may spend in jail for a probation violation. Common violations include:
- –Committing a new crime while on probation.
- –Failing a drug or alcohol test.
- –Noncompliance with probation terms, such as missing appointments, failing to pay fines, or not completing court-ordered programs.
Once a violation occurs, the probation officer can issue a revocation warrant, leading to arrest and detention. The Hearing must occur in front of the sentencing judge (O.C.G.A. §42-8-38). However, a person will usually remain in custody while they wait for the hearing to occur.
Will I go to Jail for a Probation Violation?
Both technical violations and new arrest violations result in a probation officer taking out a probation revocation warrant for the person accused of violating probation. Usually, they will take the probationer (person on probation) into custody and that person will sit in jail awaiting a court date in front of the judge who sentenced him to probation.
What if Probation Transferred to Another County?
The probation warrant transfers back to the sentencing county to go before the original sentencing judge. The Sentencing Judge determines punishment for the probation revocation.
The person on probation will generally sit in jail until the probation officer requests a hearing in front of the Judge. That can take weeks depending on the probation officer, but they have little to no incentive to request a hearing quickly.
Why Do you Need a Specialized Marietta Probation Revocation Lawyer?
Probation’s goal is to make the Probationer sit in jail until they serve as much time as probation wants their probation revoked. If probation wants a probationer revoked for 6 months, in some cases they will not request a hearing on that person’s behalf until they have been in custody for 6 months. When you finally get a probation revocation date, the options are 1) plead guilty and get out of jail today or 2) challenge the revocation and sit for another 2 weeks waiting for a court date.
When should I hire a Marietta Probation Revocation Lawyer?
The best time to hire a Marietta Probation Revocation Lawyer is immediately after the violation. We take an aggressive approach to Probation Revocations. We file our own Motion for a hearing to beat probation to the Judge. Under some circumstances, we can get a hearing scheduled with the court prior to an arrest for a Probation Revocation.
Even if probation files the probation revocation warrant first, You are entitled to a hearing. If you wait, you may sit in jail waiting for the probation officer to request a hearing, which can take months.
The only way to make sure you have someone on your side is to hire your own Marietta Probation Revocation Lawyer. Good representation makes all the difference in Probation Violation cases.
Will My Marietta Probation Revocation Lawyer Make a Difference at a Hearing?
The court has broad discretion on how to sentence for a probation revocation. A judge can:
- Dismiss the petition and reinstate probation
- Terminate Probation Early
- Revoke the probation partially and impose a short jail sentence.
- Revoke the probation entirely, requiring the individual to serve the remainder of their sentence in jail.
- Modify probation terms by adding stricter conditions.
Courts often rely on the probation officer’s recommendation when deciding on a revocation, making it critical to have an experienced Marietta probation revocation lawyer advocating for you. We take probation out of the equation, and deal directly with the courts and the State. This gives our clients an advantage, because we use the Criminal Court process to our advantage and go straight to the decision makers.
We Are the Marietta Probation Revocation Lawyer Specialists
Our Marietta Probation Revocation Lawyers handle probation revocations differently. We treat probation revocations as a two-sided process just as in a criminal prosecution. Our view is that if we know of an allegation that may result in a probation revocation warrant, we have a right to request a probation revocation hearing in the same way as the probation revocation officer.
If you are facing a probation revocation, Contact The Freedom Lawyers to Schedule a Consultation Today.
Why Would We Request a Probation Revocation Hearing?
The goal is to get our motion for a revocation hearing in front of the sentencing judge before probation. We also notify them that there is revocation in progress. In most cases, you will not receive notice of a filed probation revocation warrant. On the other hand, the judge does have the power to schedule your revocation for a walk-in hearing. A Walk-in hearing allows the probationer to walk in to court, rather than sitting in jail.
The reason to do that is twofold. To begin with, we will be able to set the case for a court date. This means we have a probation revocation date set before you go to jail. Second, if the Judge schedules the revocation for a walk-in date, it greatly increases our chances in winning the revocation or getting a probation bond.
Strategic Pre-Hearing Actions
- –Preemptive Hearing Requests: We file a motion for a revocation hearing before the probation officer requests one, ensuring our clients do not sit in jail unnecessarily.
- –Walk-In Hearings: We always request the court to schedule a walk-in hearing. A walk-in hearing allows our clients to appear in court prior to arrest.
What makes The Freedom Lawyers the Best Marietta Probation Revocation Lawyer for you?
Probation Revocations are not like a trial. The Defense cannot request Discovery. Also, the sentincing judge must hear the case. Additionally, the burden of proof that the State must show is less than in a criminal trial. Nevertheless, everyone charged with a Probation violation is entitled to a hearing. A probationer is also entitled to subpoena evidence on their own behalf. In every case, we:
- –Subpoena the Evidence: in a Probation Revocation case, it is up to the attorney to subpoena all police reports and video to fight the case. We do everything we can to gather the evidence to prove the State wrong.
- –Challenging the Allegations: We thoroughly investigate the probation officer’s claims and gather evidence to dispute unsubstantiated violations.
- –Negotiating Alternatives: We advocate for alternative solutions such as probation modifications or treatment programs instead of jail time.
- –Pushing for Probation Bonds: If a the State request extensions or continuances on a probation revocation hearing, we fight for a probation bond. Posting a Probation bond allows our clients to be released from jail while awaiting their hearing.
- –Quick Resolution: Our goal is to get the hearing set as quickly as possible, and show up ready for the hearing. We don’t want to give the State extra time to prepare.
Specialized Marietta Probation Revocation Lawyer = Experience
Probation revocation hearings differ from standard criminal trials in that the burden of proof is lower. The state only needs to prove a violation by a preponderance of the evidence rather than beyond a reasonable doubt (O.C.G.A. §42-8-34.1). This makes it crucial to have an aggressive defense attorney who understands how to challenge the state’s case effectively. At The Freedom Lawyers, Our focus is:
- –Securing dismissals for weak or unsubstantiated allegations.
- –Highlighting mitigating factors to minimize penalties.
- –Holding the state accountable if they fail to provide sufficient evidence.
We specialize in getting court dates set on probation cases. Once the date is set, we investigate the allegation supporting the probation revocation and come up with a strategy to put our best foot forward and encourage the best possible outcome on your probation revocation.
It’s important to have an attorney that is experienced in probation revocation matters and understands exactly what the state must prove. The burden of proof on the state is lower than it is in a criminal case. A person does not have the same rights in the probation revocation hearing as you do in a trial. But every single person accused of a probation revocation violation has a right to an independent hearing.
Early Termination of Probation
In addition to defending against probation revocations, we help clients petition for early probation termination. Under Georgia’s Behavioral Incentive Date (BID) Law (O.C.G.A. §42-8-37), individuals who have served three years of probation without violations may request early termination. We assist clients in filing motions and presenting compelling arguments to judges for release from probation supervision.
Why Choose The Freedom Lawyers?
- –Proven Expertise: We specialize in probation revocation defense across Georgia.
- –Aggressive & Proactive Representation: We prevent unnecessary jail time by taking action before our clients are arrested.
- –Client-Centered Communication: We prioritize keeping our clients informed and involved in their defense strategy.
A revoked probation can mean the difference between freedom and incarceration. Don’t leave your future in the hands of a probation officer or the court without a dedicated advocate. If you are facing a probation revocation, Contact The Freedom Lawyers to Schedule a Consultation Today.
