Criminal Defense Probation Violation Cases
There are times in the State of Georgia when a defendant who has been convicted of a crime will receive a jail sentence that can be fulfilled outside of the actual jail. This sentence is called Probation. As a Probationer, you will be required to complete a number of different stipulations as assigned by the court. Those who fail to do so typically violate their Probation, which can result in very severe consequences.
It is of the highest importance that you contact a respected Savannah defense attorney if you have found yourself in this situation. Continue reading below to learn more about what Probation is and the consequences of violating Probation.
Savannah Probation Violation
Probation – What is it?
Serving a Probation sentence essentially means that a Probationer is able to complete a jail sentence without actually being in jail. Probationers will be underneath the supervision of a court appointed Probation Officer, who will explain to you the various duties that you must fulfill to complete your Probationary period.
Occasionally defendants receive what is called a split sentence, where that defendant is required to serve a part of their sentence in jail or in prison, and a part of their sentence outside of jail on Probation.
The terms and conditions that are included in a Probation sentence vary depending on the nature of the crime committed and of the criminal history of the defendent. Many times a credible defense lawyer in Savannah, Georgia or a respected law firm such as O’Brien Law Firm PC can talk to you about your case and increase the possibility of a Probation sentence over a jail or prison sentence. This allows defendants to retain the valuable freedom to take care of their responsibilities and resume life as they know it without years of incarceration inside of a jail.
Common Conditions of Probation
A judge can sentence a defendant to a wide array of different conditions of Probation. Usually there are two sets of conditions that a defendant will have to complete during their Probation period, and those are Common or General conditions and Special conditions of Probation.
- Avoid vicious habits – stay away from drugs and alcohol unless you have a prescription for a certain medication.
- Avoid persons or places that are currently on Probation or who may be of a harmful nature.
- Do not change your current place of residence, move away from the Court’s jurisdiction, or leave the State without permission from a Probation Officer.
- Report to your Probation Officer when you are told to.
- Support your legal dependents to the best of your ability.
- Pay all fines ordered by the Court.
These common conditions can change depending on the jurisdiction that you are charged in. In many cases, these conditions can be modified through negotiations between your defense attorney in Savannah, GA and the prosecutor before you are sentenced.
Special Conditions of Probation
- Complete a course at a defensive driving school.
- Complete a course in risk reduction.
- Complete an evaluation for drugs and/or alcohol and follow any treatment recommended by the professional who evaluated you.
- Pay all fines as ordered by the court or by your Probation Officer
- Pay a monthly Probation fee
- Submit to random drug testing, possibly at your own expense.
- Complete any mandated community service at a location approved by the Court or by your Probation Officer.
Like the Common Conditions of Probation listed above, these Special Conditions vary from jurisdiction to jurisdiction, and can be modified by your defense attorney in his negotiations with the prosecutor of the case.
If you give your Probation Officer reason to believe that you have violated the terms of your Probation by not completing the Conditions of your Probation, your Probation Officer will more than likely file a Petition to Revoke Probation and schedule a Probation Revocation hearing before a judge. It is entirely up to the judge whether or not you can continue your Probation sentence with added stipulations or whether or not you go directly to jail. On occasion your Probation Officer will set a date for you to meet with him or her at their office, where you may or may not be turned over to a Sheriff who will transport you to jail or prison. If you have been informed that your Probation Officer has filed a Petition to Revoke Probation, contact O’Brien Law Firm PC as soon as possible so that Dennis O’Brien can review your case and represent you during your Revocation Hearing.
Whether you have been accused of a crime that may result in Probation or you have been accused of violating your current Probation Conditions, O’Brien Law Firm PC is here to assist you in any way that we can. Through years of experience in both the court system and the police force, Dennis O’Brien brings a uniquely effective defense strategy to the table that can helpsecure your freedom. Contact us today for a free consultation.
Occasionally, those who have been notified of a Probation Revocation hearing may be able to receive a bond while they are still in jail or prison, which allows that person the chance to contact a defense attorney and prepare for their imminent court appearance.