Probation Violation

Georgia Probation Violation Lawyer Thomas C. NagelFulton, Gwinnett, Cobb & Dekalb County Probation Violation Lawyer

If you are currently on probation or facing a criminal case, you need to know what your options are.

Probation is essentially a jail sentence served without going to jail. O.C.G.A. 17-10-1(a) provides that the trial court has the power to suspend or probate all or any part of a sentence. That also includes the authority to revoke the suspension or probation when probation is violated. If you violate your probation, Georgia law authorizes the arrest of the probationer. O.C.G.A. 42-8-38

There are many types of probation. For example, regular probation requires you to report to a probation officer usually monthly. Intensive probation requires more frequent reporting, visits to your home by a probation officer and a curfew. First offender probation can result in your charges being dismissed.

If you are currently on probation, you can petition the court to modify your probation and in some cases even end or early terminate probation.

Some charges require a mandatory amount of probation. For example DUI cases require a mandatory 12 months probation. Other charges can be resolved with no probation whatsoever. You can be sentenced to a split sentence which is jail for a period of time followed by a period of probation.

While on probation, you are required to fulfill the special conditions of your sentence. For example, you may be required to pay a fine, complete community service, submit to a drug/alcohol/psychologocal evaluation and pay a monthly probation fee. Failure to complete these conditions can result in you being brought back to court to face a "probation violation" hearing.

If you are arrested for a new offense while serving probation on another case, you can be arrested and held in jail without bail.

If you violate your probation, your probation officer can request a hearing to address the violation in front of the original sentencing judge. The probation officer can also get a warrant for your arrest.

Atlanta Probation Lawyer Thomas C. Nagel has been representing clients charged with probation violations for over 25 years. Having experienced counsel during this critical period is essential. BEFORE you face the judge, call us now at 404-255-1600 to schedule your free initial consultation.