An individual can be placed on probation after being arrested for a crime if it is the view of the judge that probation is a justified consequence. There may be a probation order as an alternative to a possible jail sentence, and this is usually the preferred penalty of the defendant. The downside of this alternative however, is that if there is a violation of the probation in any circumstance, the resulting penalties could be much harsher than those associated with the original offense. To avoid any serious consequences, it is important to defend against any probation violations. Contact Webb & D'Orazio immediately, if you have been arrested or warned of a violation. Our experienced attorneys will be able to help you by negotiating on your behalf or developing a defense.
Probation Laws in Marietta, Georgia
In the state of Georgia, if you are convicted of any criminal offense, the court has the authority to place you on probation for a period, where you will be supervised by a probation officer. This officer will ensure that the orders of the probation are enforced, and will be appointed through the county or the Department of Corrections. An individual who is placed on probation, would have to abide by orders which could possibly include:
- Having to report to a probation officer
- Undergoing visits in their home or workplace with a probation officer
- Not being allowed to possess a firearm
- Not being able to use any type of illegal substance
- Not committing any crimes
- Not being allowed to leave the state
- Maintaining some form of legal employment
Having been placed on probation, you will be required to appear in court or attend regular meetings or phone calls with your designated probation officer. Prior to leaving the state or visiting specific places, you may need to obtain permission. You could also face charges for violation of your probation, if your probation officer is convinced that you have at any time violated the order. The more common violations that clients experience include failure to report to a probation officer, failure to appear for a court date, failure to pay any fines ordered by the court, or being arrested for another offense. There are several other ways in which a person may violate their probation, and the resulting penalties vary according to the violation. A probation violation hearing can have different results, which could include:
- The extension of the probation period
- Additional terms being ordered
- A short period of jail time being ordered
- Full revocation of the probation and the ordering of the sentence to be completed while incarcerated
The completion of your full sentence in prison in addition to other penalties may be the decision of the court if the probation had been ordered in lieu of jail time. You can team up with Webb & D'Orazio, to fight against your probation violation.
Defending Against Probation Violations in Marietta and Paulding County, Georgia
The prosecution has the responsibility of providing evidence of the violation if someone is being charged for violating their probation. Additionally, the violation has to be intentional and not as a result of carelessness. A common defense used to avoid the harsh penalties that could result, is that the probation was violated mistakenly. It is also possible that the violation was not within the control of the individual. The expertise of a skilled Marietta probation violation attorney based in Cobb County is important, regardless of the particular situation you may find yourself in. We will ensure that your rights are protected, as you are entitled to be presented with a written notice of any allegations made against you. You also have the right to your case being heard in a court of law. Exercise your right to legal representation to fight your violation; you do not have to settle for a probation violation. Contact our Marietta Criminal law firm today, or commence the process by completing a free case evaluation form on the left of the screen. Your consultation is confidential, and is the first step to allowing us to assist you in avoiding serious penalties due to probation violation.