Probation

Atlanta Probation Violation Defense Attorney

Probation

Probation is a negotiated settlement in a criminal case. A person is usually given probation in exchange for a plea of guilty in a criminal case. Probation may also be given to a person after serving some time in jail.

Probation violation

A probation violation occurs in two ways, technical and substantive violation. A technical probation violation when a person violates the terms of probation.

Some examples of a technical violation include:

  • Consumption of alcohol
  • Failing a drug test
  • Failing to pay restitution
  • Missing court/ probation appointment
  • Violating a law

Substantive violation

A substantive violation occurs when an individual is arrested because they have committed another criminal offense while on probation.  It is important to note that a person can be found to have violated their probation even if the new charge does not result in a conviction.

Facing probation violation charges?

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Consequences of probation violation

The punishment for a probation violation is up to the original judge that gave the sentence. At the probation revocation hearing, the judge will hear from the prosecution which includes the probation officer. Then the defense will have an opportunity to respond to the accusations. The judge will then make a decision.  Types of punishments for a probation  violation may include:

  • Revocation of probation
  • Extension of probation
  • Additional requirements of probation

Will I go to jail for a probation violation?

Possibly. If a judge finds that you are in violation of your probation by the “preponderance of evidence” the judge can revoke your probation and require you to serve the remainder of your sentence behind bars. The penalties for violating your probation depend on the particular facts regarding the violation. It is extremely important that you take your probation seriously to ensure that your freedom is not jeopardized.

How much time can I get if a judge revokes my probation?

Depending on the type of probation violation, a judge can sentence you to serve the remainder of probation behind bars.

Should I hire an attorney?

YES. It is never a good idea to attend court alone. Hiring an attorney is not only important but it will likely be detrimental to your freedom if you attend a probation revocation hearing without one.

Having an attorney by your side will give you a better chance of receiving a favorable outcome. A skilled attorney will have an opportunity to negotiate with the probation department prior to your hearing.

If you find yourself facing a probation violation it is important to contact an attorney ASAP. Law Offices of Gilbert Sperling, III.P.C. zealously defend individuals accused of probation violations.  If you or a loved one is in need of a probation defense attorney, don’t hesitate to contact our office