What will happen if I violate my probation?

Recently I attended a probation revocation hearing with a client. Usually these hearings are scheduled after a person who has been convicted of a crime and has been placed on probation does something (i.e. arrested on a new charge) or fails to do something (not pay probation fees, attend required programs, fail to check in with probation as required etc….).  Here’s what to expect if you have violated your probation in Georgia.

The “prosecutor” in this type of hearing is not the State or Superior Court prosecutor that worked to convict you in the first offense. Rather, it is the Probation Officer who was assigned to you at your conviction. The Probation Officer will request in writing that you appear in court, sometimes even in front of the same judge that sentenced you in the first place.  During the hearing, the Probation Officer will inform the Judge that you have either committed a new crime or have failed to perform whatever probationary requirements you were assigned.

Depending on the circumstances and your history, there are three possibilities that can result from this hearing.

1.    Your probation can be revoked. If that happens, the judge will sentence you to a specific amount of time in jail, up to the remainder of your time on probation.  Remember, the whole point of probation is an alternative to spending the full sentence in jail.

2.    It’s possible that the judge will be lenient on you and allow you to continue on probation as long as there are no further issues

3.    As further punishment, the judge has the power to add terms and time to your probation.

There is one other thing to keep in mind. If you are on probation and get convicted of a new crime in a different jurisdiction, you may now have two probations, as they likely won’t count toward each other.  This means more check-ins, more probation fees and more sentencing terms to complete.

If you are on probation and have either been re-arrested or are having problems meeting the requirements of your probation, contact an experienced criminal defense attorney to provide answers and advice.  Do not go to court alone, it could mean the difference between more probation and actual jail time.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online.