It is essential for a person on probation to stay out of any further legal trouble and adhere to the specific terms of their agreement. Any alleged violation may result in an immediate arrest and a hearing before the court to determine all appliable punishment.
If you believe that you breached your probation terms or have already been arrested for alleged violations, it is vital that you act quickly to protect yourself. A Griffin probation violation lawyer can advise you of your legal options and help build a strong defense against these accusations. A seasoned defense attorney can work to schedule a time to appear before the court, gather evidence that excuses a violation, and convince a court to dismiss the case without any changes to your probation.
Certain terms apply to the vast majority of probation agreements. These include reporting to one’s probation officer regularly and remaining out of further trouble with the criminal justice system.
A court may also order the addition of specific terms to a defendant’s case. For example, probation that results from a DUI case will often require an individual to attend alcohol education classes and submit to regular blood/alcohol tests. Specific terms may also include drug testing, anger management classes, and parenting classes.
Failure to follow these terms can further aggravate probation violations. A Griffin probation violation attorney is familiar with these parameters and can provide information about what behavior may constitute infringement.
The Official Code of Georgia Annotated § 42-8-38 grants certain public officials the authority to report supposed probation violations to the court. Some examples of those eligible are probation officers who believe that a breach has occurred, or police officers that are arresting someone already on probation. Additionally, prosecutors pursuing other charges may tack on a probation violation accusation after an arrest.
Upon receipt of notice of a violation, the court will schedule a formal hearing to address the matter. This hearing is where the probation officer will present the evidence of the violation and give the probationer a chance to refute the allegations.
The possible penalties for a probation violation can be harsh. Suppose the violation involves an alleged failure to follow the general terms of probation, such as reporting to a probation officer. In that case, the court can revoke up to two years of the probation term and require the individual to spend this time in jail alternatively. When specific terms are violated, the punishments become even more severe. Because of this, the court can entirely revoke any length of the probation term. A Griffin attorney understands the penalties associated with probation violations and is ready to protect the rights of individuals facing such charges.
Being on probation can feel like you are retaining your freedom. While you are excused from serving jail time, probation is still a legal agreement that must be upheld and respected. If a police officer, probation officer, or prosecutor believes that a violation has occurred, they can order an arrest and hearing before a criminal court.
A Griffin probation violation lawyer can fight to limit the impact of a supposed violation on your life. They can do so by disputing the fact that a violation occurred or convincing the judge to continue probation as previously ordered. Reach out today to discover your legal options.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC