Almost any time someone faces a crime in Georgia they receive probation. Probation is a sentence of incarceration that the court allows them to serve on probation. It also covers suspended jail time if the person complies with certain conditions put on them by the courts. That means they don’t have to go to jail unless they violate probation. You violate probation by:
- either committing a new crime
- testing positive on a drug or alcohol screen
- failing to comply with some aspect of their probation sentence
If you are looking for a probation revocation lawyer near Marietta, The Freedom Lawyers can help!
Misdemeanor probation is one year minus any time spent in custody. In felony cases, probation can range from a year or two to a lifetime of supervision depending on the crime. Most Probations have both general conditions and special conditions.
General conditions of probation include:
- take and pass drug screens
- report to probation
- communicate with probation and pay all fines and court costs
Special conditions of probation often include:
- community service hours,
- alcohol, drug evaluations, and treatment
- Anger management or Driving Classes
- theft classes
- any other conditions like restitution that you pay through probation
Failure to comply with general conditions of probation is considered a technical probation violation. Probation can also be violated by committing a new offense while on probation. If you are arrested while on probation, it is considered a violation and will result in both new criminal charges and a warrant for a violation of probation. This creates two separate issues. Often, the person in custody will have to bond out on the new case and appear in front of the Judge who assigned them probation prior to being released. Most of the time the probation matter will need to be resolved because most courts will not give bonds on probation violations.
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. If probation has been transferred to another county, the probation warrant will be transferred back to the county in which the person was sentenced for the original sentencing judge to determine 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 anywhere from two to six weeks depending on the probation officer, but they have little to no incentive to request a hearing.
Probation Revocation Date
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.
We Are Probation Revocation Specialists
Our firm handles 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.
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. In these cases, we appear in court on the date the revocation hearing is scheduled instead of sitting in jail waiting for a hearing.
The reason to do that is twofold. To begin with, we will be able to set the date for court. 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.
Fight Your Probation Revocation
It is always better to file the motion with the court and notify the Judge of a potential issue. When we do that, the Judge will treat us more favorably than if you’re brought out in shackles and handcuffs and have been sitting in jail for weeks. It increases our chance of getting a probation bond on the case. It also increases our chance of success. If the state is not ready we can argue for dismissal of the probation revocation warrant or bond a probation violation bond due to the state’s failure to prepare.
We specialize in getting court dates set on probation cases. Once the date is set, our job is to 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.
When someone is in jail for a probation revocation without an attorney, the hearing is usually up to the probation officer. They must notify the court that the person is in custody. In addition, it’s up to the officer to request a date to have a Probation Revocation heard.
The Probation Officer’s job is easier when a probationer is in custody. This is because they know exactly where the probationer is and doesn’t have to provide reports to their supervisors. When you hire an attorney, we notify the court you’ve been in jail and request a hearing on your behalf.
We’re usually able to get a hearing set within weeks after notifying the court of our representation. We do this by filing specialized motions developed by our attorneys. These motions are the result of years of fighting probation revocations all over metro-Atlanta.
Probation Revocations take all shapes and sizes. We represent people who are on probation for serious crimes and charged with even more serious crimes. We also help people who are dealing with their first misdemeanor offense and failed to turn in community service. Only you can decide what your freedom is worth to you.
The complexities of probation revocations require specialists who are experts in these matters. Our firm represents clients across the state of Georgia charged with probation revocations. A revoked probation means the remainder of your sentence is served in jail. Don’t leave that question in the hands of a probation officer or a judge without having someone on your side. Hire the probation revocation specialists, The Freedom Lawyers.
Schedule a Consultation on your Probation Matter today.
Early Termination of Probation
At The Freedom Lawyers we also specialize in petitioning the court for early termination of probation. Recently, a new law passed giving probationers additional rights to what they call a behavioral incentive date. The behavioral incentive date allows a person on a lengthy probation sentence to have the court set an early probation termination date if there are no violations of probation.
You also have the right to request an early termination date if one is not set. The rule requires the probation to last at least 3 years. After 3 years with no violations, a person can request from the Judge that their probation ends early.
We represent people with all types of probation issues, and we can help you get off probation early. Call The Freedom Lawyers to Schedule a Consultation Today.