Probation Violation Attorney in Woodstock, Georgia
In Georgia, probation may be imposed on a convicted defendant as part of their sentence or as an alternative to serving time behind bars. When under probation, the probationer is expected to follow the terms and provisions of their probation. Violating any conditions of probation may cause the judge to revoke, change, or terminate the probation—or impose additional penalties.
If you have been arrested and charged with probation violation, it is paramount that you retain a reliable Georgia criminal defense attorney to help build your defense. Law Office of Jay G. Wall is committed to offering trusted legal counsel and skilled representation to individuals facing probation violation charges.
As your lawyer, Attorney Wall can review the surrounding details of your case and outline an effective defense strategy to help fight your charges. Set up a consultation as soon as possible to start moving forward. Law Office of Jay G. Wall proudly serves clients across Woodstock, Georgia, and the surrounding areas of Marietta, Cartersville, and Canton.
Common Ways Probation Is Violated
Probation is a non-prison sentencing option which allows offenders who have been convicted or plead guilty to a crime to stay out of custody. However, probation usually comes with strict rules and conditions.
A probation violation occurs when a defendant who is under probation (probationer) fails to comply with one or more terms or conditions of their probation. Here are some common ways to violate probation in Georgia:
Failing to report to a probation officer
Failure to comply with alcohol or drug screenings
Failure to complete court-ordered community service
Non-payment of court-ordered fines, fees, or restitution
Failure to complete a mandatory drug treatment or diversion program
A positive test result for drugs or alcohol
Getting arrested or committing another crime
Possessing, distributing, selling, or trafficking controlled substances or illicit drugs
Absconding or traveling outside an area or the state without permission
Visiting certain places or people associated with criminal activities
Failure to appear for a court date
Being arrested for an unrelated offense
A skilled Georgia probation violations attorney can investigate every aspect of your case, determine the probation terms that were violated, and help strategize your defense.
Types of Probation Violations in Georgia
In the state of Georgia, probation may be violated in any of the following ways:
Technical Violations
A technical violation occurs when a probationer ignores or violates a technical condition of their probation, such as non-payment of court-ordered fines, fees, or restitution.
Special Condition Violations
A special condition violation occurs when a probationer ignores or violates a special condition of their probation, such as failure to comply with alcohol or drug testing.
Substantive Violations
A substantive violation occurs when a probationer is arrested and charged for committing another offense while under probation.
If you or someone you know has recently been charged with a probation violation, you need to speak with a dependable criminal defense attorney right away. Your legal counsel can evaluate the conditions that were violated and help you understand the possible penalties and ramifications.
Consequences of Probation Violation
The possible implications of a probation violation in Georgia may depend on any of the factors below:
The nature and seriousness of the violation
How many prior probation violations you have on your record
Whether your probation officer informed the court about the violation
Whether you will be facing fresh criminal charges
A strategic Georgia probation violations attorney can enlighten you about the potential consequences of your probation violation and the possible outcome of your case.
Warning or Request to Appear in Court
When a probation officer reports a violation, a warrant will be issued for your arrest. Next, you will be asked to attend a court hearing.
Determination of Violation
During the hearing, the judge will ask your probation officer some questions to determine whether a violation occurred. The judge will also ask your probation officer for some recommendations on whether to revoke your probation or not. If the judge determines that probation has been violated, a penalty may be issued.
Sentencing and Possible Penalties
Some possible outcomes of a probation violation hearing include:
Change the conditions of your probation
Extend your probation sentence
Revoke your probation
Impose statutory maximum penalties
Order a mandatory counseling
Impose additional or special conditions on your probation
Imposes heavy fines
Impose additional community service
Impose additional rehabilitation counseling
A knowledgeable lawyer can determine the best defenses to help you avoid any additional penalties and achieve the best possible outcome for your probation violation case.
How Skilled Advocacy Can Help
Trying to defend your probation violation allegations without reliable guidance is never advisable. If you're found to be a violator, your probation may be changed, revoked, or terminated, and you might face additional penalties. When arrested for probation violation, you need to act quickly and retain a criminal defense attorney for proper counsel.
Attorney Jay Wall has devoted his career to handling criminal cases and protecting individuals facing probation violation charges. As your legal counsel, he can represent you vigorously in court and uphold your rights. Above all, you can leverage his extensive experience as a former criminal prosecutor to your advantage and seek the most favorable outcome for your unique situation.
Probation Violation Attorney Serving Woodstock, Georgia
If you've been charged with a probation violation, contact Law Office of Jay G. Wall today to schedule a simple case assessment. Attorney Jay Wall can offer you the strong representation and detailed guidance you need in your probation violation case. The firm proudly serves clients across Woodstock, Marietta, Cartersville, and Canton, Georgia.