For many, being put on probation feels like a second chance. Instead of serving time in jail or prison, previous offenders are allowed to live their lives from the comfort of home and with freedom while still complying with restrictions on their behavior and mobility. However, when a probation officer or prosecutor believes that someone has failed to comply with the terms of their agreement, they may allege that a probation violation has occurred. When they do this, they will file a petition to revoke someone’s probation.
Cases of this nature can have a devastating impact on your life. A prosecutor may seek an end to your probation term and force you to spend the remainder of your sentence in jail. They may also move to impose more restrictions on your freedom. A Carrollton probation violation lawyer is ready to fight back against these outcomes tirelessly, obtain the information needed to argue that a violation has not occurred, or press for a less serious penalty. Call J. Ryan Brown Law today to discuss your situation with an aggressive defense attorney.
A person who receives a term of probation after a criminal case is enjoying a middling sentence from the court. In essence, they remain under State supervision but are able to stay at home and continue working at their jobs. Prosecutors and judges view probation as a sort of favor to the defendant to allow them to remain out of custody.
However, probation always comes with restrictions. In every case, people must be sure to check in with their probation officer for scheduled meetings and remain out of trouble with the law. Other conditions are specific to an individual’s term of probation. These usually depend on the criminal case that led to the probation going into effect. For instance, if a court sentences a person to probation after a DUI case, probation terms will typically include refraining from the consumption of alcohol and being subject to random alcohol tests.
When a probation officer believes that a violation of these terms has occurred, they can refer the case to the District Attorney. In fact, the Official Code of Georgia Annotated § 42-8-38 specifically says that probation officers have the power to bring these cases before the court. A Carrollton attorney can provide more information about how probation works and what an apparent violation might look like.
A probation violation is not a new criminal charge in and of itself. Instead, a party, usually a probation officer, is asking the court to rescind or change a person’s probation status. This can result in new, more restrictive terms or even a court totally ending probation and ordering a defendant to serve time in jail. In some counties, probation officers retain much of the control over whether a person, however, in Carroll County the District Attorney’s office and the assigned assistant district are in charge of negotiating probation violations.
A Carrollton probation violation attorney can help people avoid these outcomes. They can work to obtain evidence that contests the idea that a probation violation occurred or presents mitigation evidence. For example, a person may have missed a meeting with a probation officer due to a medical emergency. In other cases, they can argue that changes to probation are unnecessary and that an individual’s history of compliance means that probation should continue as currently constituted.
Allegations that you have violated the terms of your probation are serious matters. If a court acts on these allegations, they may make your probation terms even more strict or force you to spend time in jail. It is critical that you move quickly to protect yourself.
Hiring a Carrollton probation violation lawyer to represent your interests can prove essential to securing a favorable outcome for your case. Seasoned legal counsel can explain the basis for a new arrest or allegation and develop a defense that helps you stay out of trouble through your current probation term. Contact J. Ryan Brown Law today to discover your legal options.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC