What Happens if I Violate Probation in Cobb County?
Many defendants who are accused of committing a criminal offense are able to avoid incarceration by pleading guilty to a lesser charge. In these cases, judges often sentence the defendant to a term of probation, which is an alternative to jail time, wherein a defendant agrees to abide by specific restrictions for a set amount of time. The downside to probation is that even a small mistake could result in allegations of a violation, which in turn, means that a defendant could face significant penalties, including jail time. Read on to learn more about probation violations in Georgia and how to avoid them.
What is Probation?
Probation is a type of court-imposed criminal sentence that allows someone who has been convicted of an offense to avoid jail time if they agree to comply with strict conditions and restrictions. These conditions will vary depending on the type of offense in question, as well as the defendant’s prior criminal record. Most, however, will be required to:
- Abide by all local, state, and federal laws;
- Avoid dangerous habits and disreputable people and places;
- Report to their probation officers regularly;
- Allow their probation officers to visit them at their residence and place of employment
- Undergo drug testing or rehabilitative services;
- Secure and maintain employment if possible;
- Pay restitution, legal fees, and fines; and
- Perform community service hours.
These rules are strict and probation officers will carefully assess whether a probationer is complying with the. Those found in violation of any of these restrictions could face significant penalties.
Defendants Face Arrest and Incarceration
Defendants who are accused of violating the terms of their probation could face arrest and will likely need to go back to court to address those allegations. These hearings are not like formal criminal trials, in that prosecutors don’t need to provide proof establishing guilt beyond a reasonable doubt. Instead, they must only meet a preponderance of the evidence standard, which means that it is more likely than not that the defendant committed a probation violation. This is a much easier standard to meet, which increases the likelihood that a person will be found guilty of violating the terms of probation.
Raising a Strong Defense
Those who are accused of violating the terms of their probation do have the opportunity to defend themselves by arguing that they made every reasonable effort to uphold the terms set by the court. This is an important endeavor because those who are found guilty of violating probation could end up being required to comply with even stricter terms, have to serve out the rest of their sentence in jail, or could even be charged with additional crimes. Please call our legal team to learn more about the kinds of evidence you can use to defend your own innocence when accused of violating probation.
Dedicated Cobb County Probation Violation Lawyer
If you have been accused of violating the terms of your probation, you should get started on your defense right away. Fortunately, you don’t have to attempt this on your own. Please call 678-853-2500 to speak with experienced Cobb County probation violation attorney Andrew L. Schwartz, P.C. about your legal options.
Sources:
law.cornell.edu/wex/probation
dcs.georgia.gov/offender-supervision-0/adult-felony-probation-supervision/standard-conditions-supervision
