Types of Probation Violations in Cobb County
In Georgia, when someone is convicted of committing certain crimes, that person is often allowed to serve his or her sentence outside of jail in exchange for adhering to certain conditions, an option known as probation. Those who violate those terms risk severe consequences, including incarceration, which is why it’s so important for probationers to have a thorough understanding of what qualifies as a violation in Georgia.
Defining Probation
Probation is a legal arrangement wherein a person convicted of certain crimes can serve their sentence outside of jail, but under the supervision of a probation officer. Although it offers an alternative to incarceration, it does come with very strict conditions that a person must comply with or risk severe sanctions. Probation violations fall under two main categories, technical probation violations and special probation violations.
Technical Probation Violations
A person has committed a technical probation violation not when he or she commits a new crime, but when he or she violates another general condition of probation. The most common technical probation violations include:
- Failing to report, as probation usually requires regular check-ins with an assigned probation officer;
- Failing to pay a fine or restitution;
- Taking a positive drug or alcohol test indicating substance abuse; and
- Leaving the jurisdiction without permission.
While these may seem like minor offenses, courts take them seriously. Those who are found guilty of committing technical probation violations could very well find themselves serving the rest of their sentences in jail.
Special Probation Violations
The other main type of probation violation is known as a special probation violation. These violations occur when a person violates not a general condition of probation, but a term that has tailored to the nature and severity of the offense and the risks posed by the probationer to public safety. Failing to attend a specific educational course or treatment program, for instance, could qualify as a special probation violation, as could failing to complete community service hours. A person can even be found guilty of a special probation violation for associating with certain individuals or spending time at specific locations.
The Consequences of Violating Probation
When a person is suspected of violating the terms of probation, the probation officer in charge of the case can file a report with the court, which will then hold a hearing to determine whether a violation has actually occurred. If a probationer is found guilty of committing a probation violation, then the court has a few different options, including:
- Modifying the terms of probation;
- Imposing more conditions;
- Extending the duration of probation; and
- Revoking probation entirely, which could result in incarceration.
Which of these consequences a probationer faces will depend on the severity of the violation. A special probation violation, for instance, is more likely to be taken seriously by the court.
Contact Andrew L. Schwartz, P.C. Today
If you are being accused of violating the terms or conditions of probation, you should take prompt legal action to avoid being unfairly found guilty of a violation. Experienced Cobb County probation violation lawyer Andrew L. Schwartz, P.C. can help you navigate this complex process, while also safeguarding your legal rights.
Sources:
.law.cornell.edu/wex/probation
law.justia.com/codes/georgia/2020/title-42/chapter-8/article-2/section-42-8-34-1/
