It is common for a conviction in a local criminal court to include a judge placing a defendant on probation. The purpose of this probationary period is for the court to supervise the activities of the defendant in exchange for that person remaining out of jail. A period of probation is common in both felony and misdemeanor cases.
A violation could result in the court revoking probation and sending you to serve out the remainder of your sentence in jail. If you have been arrested, contact a Brunswick probation violation lawyer immediately. Skilled criminal defense attorneys are prepared to appear in court on your behalf to argue for why a continuing of your probationary period is the best outcome for both you and the community.
Most probation orders in Brunswick come with the same basic requirements, as an accomplished attorney can further explain. All people in this period must avoid any further arrests. They must also avoid any drug or alcohol use. Finally, all they must attend regular visits with their probation officers.
Other terms of the probationary period are unique to a person’s specific case. For example, if the conviction involved violence or threats against another, probation must include a no-contact order. Courts may also order the performance of community service or attendance at counseling sessions.
There are two forms of breaches like this under state law. Alleged violations involving the technical aspects can result in a revocation of up to two years of a term. A technical breach is where a person fails to follow a general term of their probation.
A special condition violation is even more serious. These involve the alleged failure to comply with a term specific to a case, as explained above. Here, the court may order a total revocation of the probationary period.
The Official Code of Georgia Annotated § 42-8-38 outlines the steps that an officer and court will take if the officer believes that a person has violated their terms. This applies regardless of whether a probationer has failed to comply with any term of period. These can include failures to report for scheduled meetings, submit to drug or alcohol testing, or attend mandated mental health therapy sessions.
If an officer reports a breach to the court, that court must then hold a hearing to determine if the officer’s accusations have merit. During these hearings, the probationer has the right to representation by legal counsel who can help to dispute the officer’s statements.
After a hearing, the court has three options. It may choose to revoke, modify, or continue the probation. These types of hearings typically occur very soon after an alleged breach. Hiring a Brunswick probation violation lawyer to handle the matter as soon as possible helps to protect the rights of the accused.
Allegations that you have breached a term of your probation are serious matters. An officer has the right to issue an arrest warrant at the first sign of non-compliance. Once law enforcement makes an arrest, the court will schedule a hearing to determine your future.
These hearings are vitally important, and a Brunswick probation violation lawyer wants to help you to argue your case. This will help to convince a court to continue your probation as previously ordered, or at least continue it with modified terms. Courts often schedule hearings quickly after an alleged breach of terms, which is why is it important to speak with our legal team now.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
