Marietta Probation Violation Lawyer
If you have been charged with a crime, a judge may have placed you on probation. While on probation, you are essentially serving a jail sentence outside of an actual jail. You will have to meet several requirements and if you fail to comply with the terms, you will face serious penalties. If you believe you have not complied, contact our Marietta probation violations lawyer for the legal help you need.
Common Terms of Probation
There are many different terms of probation you will have to fulfill. These may include:
- Prevent you from illegal behavior or injurious habits, such as using drugs
- Prevent you from contacting certain people or being part of certain situations
- A requirement to obtain suitable employment
- Prevent you from leaving a certain area or traveling to certain places
- A requirement to submit to regular drug testing or other forms of rehabilitation
If the court imposes probation on you and you violate any term of your probation, your probationary period may be extended or revoked. You may have to serve the rest of your sentence in jail or even serve more time for an additional charge.
What Happens if You Violate Probation?
If you fail to appear for your probationary hearing, or the court or prosecution believes you have gone missing, an arrest warrant will be issued. You may have to remain in custody until your violation hearing, at which the terms of your probation may be extended or revoked.
The prosecution has a lower burden of proof at probation hearings than they do during a criminal trial. For example, during a trial in criminal court, the prosecution must prove beyond a reasonable doubt that you committed a crime. During a probation hearing, the prosecution must only show that a probation violation likely occurred. If any portion of your probation is revoked, you will have to serve that time in jail. If you are convicted of committing a felony while you were on probation, you will likely have to serve the remainder of your probation in jail.
Sometimes, people violate the terms of their probation unintentionally. For example, you may not have realized that you were prohibited from traveling to certain areas. When this is the case, the probation officer has discretion to decide whether or not to report the violation. Regardless of whether you violated the terms of your probation intentionally or unintentionally, it is critical to speak to a Marietta probation violations lawyer who can advise on your case.
Our Probation Violation Lawyer in Marietta Can Help You Avoid Serious Penalties
A violation will not always result in your probation being revoked. At the law firm of Andrew L. Schwartz, P.C., our Marietta probation violations lawyer has the necessary experience to defend against these matters so you avoid as many serious penalties as possible. Call us now at (678) 853-2500 or reach out to us online to book a free case review with our skilled attorney and to learn more about how we can help.
