Probation Violation Lawyers Lawrenceville, Gwinnett County
Free Consultations to Help Clients with Probation Violations
If you were arrested or have a warrant issued for your arrest for an alleged probation violation, it is crucial that you hire an experienced criminal defense attorney to represent you. At Crawford and Boyle, LLC, we work to defend people against probation violations. Call our team today to schedule a free consultation about how to avoid further, more serious consequences.
Protect your freedom. Call (678) 680-5000 now or contact our firm online for a free consultation.
Common Terms of Probation
Many criminal defendants gladly accept being placed on probation as an alternative to being incarcerated. However, it is important to keep in mind that if you violate the terms of your probation, you can face serious consequences, potentially including revocation of probation and you having to serve the jail time you were trying to avoid. You could be required to serve the remainder of your sentence behind bars.
When you are on probation, you must strictly comply with the various terms imposed on you. If you make a simple mistake or even slightly violate any of these terms, you can be incarcerated or face other penalties. These terms are included under Georgia law, but judges can also add other terms and conditions.
Common terms and conditions of probation in Georgia include the following:
- Regular reporting with a probation officer
- Not using or possessing guns
- Not committing other crimes
- Not drinking or doing drugs during the probationary period
- Submitting to random searches of your home
- Submitting to random drug and alcohol tests
- Not having contact with certain people or places
- Attending risk reduction or DUI school
- Completing required drug counseling, treatment, or testing
- Being evaluated for anger and violence, deviant behavior, sexual deviancy or special needs counseling and completing any recommended treatment to address these issues
- Performing community service
- Maintaining a job
- Paying monthly probation supervision fees
- Paying restitution or fines
Before agreeing to probation, it’s crucial that you understand the terms so you know what is expected of you and you can make sure that you can comply.
Types of Probation Violations
Georgia probation violations may be considered a technical violation or a substantive violation. A technical violation means that someone is accused of violating the conditions of probation. A substantive violation involves being accused of committing a new crime while on probation. Either way, you can be facing serious consequences, and you need an aggressive defense.
Probation Warrants
Whatever the reason, our firm will be there to represent you from allegations that you have violated your probation. There are many reasons why a person’s probation may be revoked or violated.
These may include:
- You failed to remain in contact with your probation or parole officer.
- You failed a drug test or alcohol test.
- You failed to complete your community service hours or other classes.
- You failed to pay a fine or restitution.
- You are accused of committing a new offense.
Lower Standard of Proof in Revocation Hearings
In probation violations, the State has a lower burden of proof. It is easier for them to convict you. Unlike in a criminal trial where the State must prove your crime beyond a reasonable doubt, your probation revocation hearing only requires proof through the preponderance of the evidence—a standard that requires less convincing evidence. Additionally, there is no right to a jury trial, and a judge in the Gwinnett County Superior Court, State Court, or Municipal Court will make the determination.
Can I end my probation early in Georgia?
Yes, if you are serving probation and have completed all the terms of your sentence, i.e., paid your fines and supervision fees, and completed any required classes, you can request for your probation to terminate. It is discretionary with the court but is granted much of the time. If your sentence was longer than three years chances are the court will end it at three years if you have done everything.
Understanding Probation Revocation Hearings
If your case is referred to a judge for a probation revocation hearing, the judge assesses your alleged probation violation and determines whether the allegations against you are accurate and whether they should revoke your probation or impose additional penalties. You can present evidence and witnesses at a probation revocation hearing to refute the allegations against you, as can the prosecutor.
Having a criminal defense lawyer is critical during this time. Your lawyer can cross-examine the prosecution’s witnesses, casting doubt on their credibility or the rationale for the case against you. They can also question your witnesses in a compelling way that supports your version of events.
Possible Outcomes at Probation Revocation Hearings
Courts have great leeway when determining what to do at a probation revocation hearing.
- Georgia’s recent sentencing reforms can limit a judge’s ability to sentence a defendant for some technical violations. But, generally, judges can take any of the following actions at the conclusion of a probation revocation hearing:
- Remand the defendant to jail or prison to serve the remainder of their sentence
- Split the defendant’s sentence so they serve some jail time and continue probation
Impose house arrest - Add work release to the sentence
- Reinstate probatio
- Extend the probationary period
- Remand the defendant to a drug treatment facility
- Order community service
- Issue warnings
Defenses to Probation Violations
Even with a lower burden of proof, you may still be able to prove that you did not violate probation or that the most severe penalties should not be imposed. To make their case against you, the prosecution has to prove that the violation was significant and unintentional. Therefore, if you did not intend to violate probation, this could be a viable defense. For example, if you were spotted around someone you weren’t supposed to be around but it was a chance encounter, your criminal defense attorney may argue the violation was accidental.
Likewise, if the violation was only slight and technical in nature, your lawyer may argue that you should not be subjected to harsh penalties. Judges have wide discretion over the penalties that they can impose. An experienced lawyer can argue extenuating circumstances regarding your violation that justify no penalty or lighter penalties. They can also highlight everything that you have done correctly since you were placed on probation.
The experienced probation violation defense attorneys at Crawford and Boyle, LLC can identify the defenses that are most likely to be effective in your case and argue them in a compelling way. We do everything in our power to protect our clients’ freedom and legal rights. Call us today to take advantage of a free consultation.
How We Can Help
Under Georgia law, probation is regarded as a privilege, not a right. However, the risk of imprisonment on a probation violation usually only comes up if you are accused of violating a condition of probation, or you are arrested for a new offense. If you find yourself in either situation, contact us about your legal options to minimize the possibility of prison.
If you’ve been accused of violating your probation or you believe there may be a warrant out for your arrest, contact Crawford and Boyle, LLC, today, and let us defend your case. We can go over the charges against you to help you plan an effective defense for your situation.