A Gwinnett County Probation Violation Lawyer Will Help You Navigate The Process
Many criminal defendants will accept a plea agreement that offers probation in exchange for time in jail. While probation is a better option than incarceration, the requirements can be demanding. As a result, many people often find themselves in violation and facing severe consequences. The good news is that you have options if you violate your probation. Even if you didn’t work with an attorney on the underlying charge, a Gwinnett County probation violation lawyer could still help you navigate the violation process.
The Consequences of a Probation Violation
Violating probation in Georgia can lead to various consequences, but the severity often depends on the type of violation, as explained below.
Technical Violations
Technical violations occur when a person fails to comply with standard probation conditions. Technical violations can include accidentally missing a check-in or waiting too long to report your change of address. While these violations might seem minor, the court has the power to revoke up to two years of your probationary term.
Special Condition Violations
Special condition violations involve failure to complete specific court-ordered requirements, such as counseling, restitution, or avoiding contact with certain persons. Violating these can result in the court revoking the remainder of your probated sentence.
Substantive Violations
Substantive violations are the most severe of the three options. If the court determines you have substantively breached the terms of your release, they can require you to serve the remainder of your probated sentence. What’s more, they can impose additional penalties, such as jail time or fines.
Regardless of which type of violation you are accused of committing, you could experience severe consequences. The best thing you can do to protect your freedom is to contact a Gwinnett County probation violation lawyer as soon as possible.
The Revocation Hearing Process
When someone on probation in Georgia is accused of violating the terms of their release, the court may initiate a revocation hearing. This process is used to determine whether a violation occurred and, if so, what consequences should follow, if any.
This hearing is not like a standard criminal trial. There is no jury, and the standard of proof is lower. Unlike the traditional “beyond a reasonable doubt” standard in most criminal cases, revocation hearings go by “preponderance of the evidence.” During the hearing, the probation officer and prosecutor may present evidence of the alleged violation, but your attorney can put on evidence as well.
The defendant has the right to legal representation, present witnesses, and challenge the evidence. If the judge finds that a violation did occur, they may modify the terms of probation, impose additional conditions, or revoke probation entirely and order jail or prison time.
Common Examples of Probation Violations
There are countless situations that might ultimately be considered a violation of the terms of your parole. Winters Law, LLC criminal defense attorneys could help you address any of the following:
Missing Appointments With a Probation Officer
Probationers are typically required to check in with their probation officer on a scheduled basis. Failing to appear even a single time can be considered a violation. Whether the absence was due to a scheduling conflict, transportation issues, or simple forgetfulness, the court may view it as noncompliance with the conditions of probation.
Failing a Drug or Alcohol Test
Many probation terms include mandatory drug or alcohol screenings. A failed test or refusal to take one may be interpreted as a direct violation, especially in cases involving prior substance-related offenses. Even recreational use of marijuana can result in revocation, even though it is legal in other states.
New Criminal Charges
You can be accused of a probation violation if you are arrested on a new criminal charge. This process can move forward even though you have not been convicted of the new offense.
Failure To Pay Fines or Restitution
Probationers may be ordered to pay fines, restitution to victims, or court fees. Nonpayment, even when due to financial hardship, can lead to a violation unless proactive steps are taken to notify the court and request a modification of the payment terms.
Leaving the County or State Without Permission
Travel restrictions are a common condition of probation, as you can face consequences for leaving the jurisdiction without permission from your probation officer. The consequences get steeper if you miss a check-in with your officer while you are out of town.
The Violation Hearing in Georgia
If you are accused of violating your probation, you will eventually have to attend a probation revocation hearing. The judge will review your case and determine whether they should revoke your probation or impose additional penalties. Fortunately, you will have the opportunity to argue why your probation should not be revoked or why other penalties are not appropriate.
The probation revocation hearing is often less involved than a jury trial, but you should seriously consider the proceeding. In addition, it is essential to understand that the prosecution need not prove your violation beyond a reasonable doubt as in a criminal trial. For these reasons, your best chance of avoiding revocation is to work with an experienced Georgia defense attorney.
Facing Revocation? Contact Gwinnett County Probation Violation Lawyer Gabe Winters
Don’t let a simple mistake jeopardize your freedom — you need someone to help you navigate the violation process. Gwinnett county probation violation lawyer Gabe Winters is here to assist so that you can continue to move forward. Call or email us today to schedule a free consultation to discuss your case.
Frequently Asked Questions
What happens at a Gwinnett County Probation Revocation Hearing?
At a revocation hearing, a judge will hear evidence from the probation officer and the defense to determine whether a violation occurred. Unlike a criminal trial, the burden of proof is lower, and there is no jury. A judge can modify the terms of probation or revoke it entirely if they find you have violated the terms.
Can a probation violation be dismissed?
Yes, a violation can be dismissed for a variety of reasons. Some examples include insufficient evidence, a misunderstanding that led on the violation, or a violation of the defendant’s rights. An experienced lawyer can file motions, present evidence, and argue for dismissal or a reduced penalty.
Why is it important to consult an attorney immediately?
The longer you take to hire an attorney, the more difficult it becomes to fight a probation violation. Giving your lawyer more time to act improves your chances of success.