Technical vs. Substantive Probation Violations in Gwinnett County: Why the Court Treats Them Differently

Probation is a privilege, and if you violate its terms while in Gwinnett County, you will have to face the consequences. There are different types of probation violations, and responses range from a warning to actual jail time.

Probation violations in Gwinnett County are typically classified as either technical or substantive. Understanding what type of violation you are charged with and how judges typically react to that kind of probation violation in Gwinnett County can make all the difference in the outcome of your case.

What Probation Means in Gwinnett County 

Probation is a court-ordered sentence that includes specific terms that must be adhered to while on probation. Probation is not meant to be taken lightly and can carry serious consequences if violated. While on probation, a person must comply with all rules and conditions imposed by the court and a probation officer. This can include checking in, paying fees, complying with substance abuse restrictions, and avoiding any additional legal trouble.

When a violation of a condition of probation is suspected, the case is usually handled in the Gwinnett Justice & Administration Center, where a judge will decide your fate.

Probation Violation Types in Gwinnett County 

What is a Technical Violation of Probation? 

Probation violations in Gwinnett County can be broadly categorized into two types: technical and substantive. A technical violation of probation in Gwinnett County, Georgia, occurs when a person violates a specific condition of probation without committing a new crime. Technical violations are common and can occur without any intent to violate the law.

Missing a scheduled meeting with a probation officer, failing to complete a community service requirement by the deadline, falling behind on fines or fees, testing positive for alcohol use, or traveling outside a permitted area without prior permission are typical examples of technical probation violations.

Generally, judges in Gwinnett County treat technical probation violations less severely than substantive violations. A technical violation might result in a warning, an increase in probation length, additional conditions such as substance abuse treatment or counseling, or a short jail sentence.

Receiving a warning for a first-time or minor technical violation may result in probation revocation if technical violations continue.

What is a Substantive Violation of Probation? 

A substantive violation of probation is a violation that involves the commission of a new crime. Arrests for DUI, drug possession, assault, theft, or any new criminal activity would be a substantive probation violation. A substantive violation can be much more serious than a technical violation.

A new crime could result in a probation violation in Gwinnett County because probation is intended to keep the defendant out of legal trouble, and a new arrest indicates the court’s orders are not being followed.

Judges can revoke probation and sentence a defendant to jail or prison for a substantive probation violation, even if the new offense has not been proven. Probation revocation is common in cases involving new felony arrests.

Burden of Proof for Probation Violations 

In a probation violation hearing, the defendant’s guilt is determined by a judge instead of a jury. The burden of proof is another distinction from a criminal trial. In a criminal trial, the burden of proof is beyond a reasonable doubt. However, in a probation violation, the standard of proof is much lower. Judges can make a decision on a probation violation based on evidence that is more than slight but less than the burden of proof in a criminal trial.

The probation violation proceedings move much faster than other cases, and a defendant may not have an opportunity to prepare. The standard of proof is lower, and the probation violation hearing is typically faster.

Judges Act Quickly to Enforce Probation 

Probation violation cases in Gwinnett County tend to move faster than regular criminal cases, meaning that defendants will not have much time to prepare. You might even be arrested on a probation warrant and brought before a judge. Because the process is fast-paced, most people don’t have time to prepare.

For this reason, it is strongly recommended to consult a lawyer. As a violation of probation is a matter of a person’s liberty, a lawyer could make a significant difference.

Whether Technical or Substantive, a Skilled Defense Attorney May Be Able to Help 

One of the main concerns a lawyer can address is distinguishing between technical and substantive violations. A lawyer may present relevant factors and mitigating evidence to help the case and offer negotiation alternatives. In technical cases, this may include demonstrating the court’s good-faith efforts to comply with the rules and explaining the reasons for a probation violation. In substantive cases, a lawyer may either challenge the basis of the new charge or at least ask the court to stay proceedings until the new case is disposed of accordingly.

Judges in Gwinnett County are usually more receptive to defendants who actively address their violations than to those who leave them unaddressed.

Don’t Go it Alone: Let us Help You With Your Probation Violation 

Probation violations in Gwinnett County are not all the same. Judges treat probation violations differently based on the risk they present. A violation can be technical or substantive, and understanding what type of violation you are charged with and how to act in a timely manner may significantly change the outcome of your case. Contact us today for help.