For many, probation offers a second chance at freedom. Instead of requiring an individual to spend time in jail or prison after a conviction, the court allows them to live their life at home. However, with this alternative form of sentencing comes limitations and requirements. All probationers must follow requirements set forth by the State, such as reporting to a probation officer and avoiding any further arrests. Additionally, courts may impose unique terms and conditions that apply only to a specific person.
Failing to follow these rules can result in an alleged probation violation. Courts considering these matters may order the creation of additional probation terms or even force a person to spend the rest of their time in jail. A Macon probation violation lawyer can help you to avoid these outcomes. Seasoned legal counsel can help convince a court that a breach did not occur or, if one did happen, to continue probation as initially ordered.
All people on probation must report to a probation officer. This officer will also evaluate whether the probationer has complied with the terms of their probation. If an officer believes a violation has occurred, the Official Code of Georgia Annotated § 42-8-38 says that this officer may report their suspicions to the court. This complaint will likely result in a warrant for the probationer’s arrest.
During probation violation hearings, the probation officer will present evidence concerning a supposed violation. The probationer will also have the chance to offer information in their defense. A Macon attorney can help to guide people through these violation hearings and present defenses against supposed failures to meet the terms of their probation.
If a court determines that a probation violation has occurred, several potential consequences exist. The possible penalties depend primarily upon the nature of the breach.
If a probationer violates a general term of probation, such as the requirement to report to a probation officer or to avoid any further arrests, a court may order the revocation of up to two years of a probation term. This means the party may need to spend up to two years of their original sentence in jail or prison.
Probation can also involve specific terms that fit a defendant’s unique situation. These may include submitting to drug and alcohol testing or attending classes regarding domestic violence. The alleged failure to adhere to these terms is an even more serious issue. If this is the case, the court may order a total revocation of all probation terms and force the person to spend the rest of their sentence in jail.
A Macon probation violation attorney can help you avoid this outcome. They can work tirelessly to show that a violation did not occur. If a court still rules against a probationer, legal counsel can present evidence that convinces a court not to revoke a person’s probation.
Alleged probation violations are very serious matters. Courts that hear these cases have the power to revoke probation and force a person to spend significant time in jail. In order to avoid this outcome, it is vital for individuals on probation to follow the exact terms of their agreement.
However, if an arrest has already occurred, or you believe that you may be in violation of your terms, a Macon probation violation lawyer can help. They can work to show that there is a justification for a failure to appear as ordered or argue that a revocation of probation is not a suitable punishment for your specific circumstances. Contact our firm today to get started.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC