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Georgia Probation Violations and Revocations

What is Probation?

Probation is a supervised court-ordered sentence that allows someone who has been convicted of a crime to serve their sentence outside of jail or prison as long as they follow the terms of their sentence. Probation in Georgia is set by statute in the Official Code of Georgia Title 42 Chapter 8. O.C.G.A. 42-8-35. Probation includes general conditions and special conditions. General conditions of probation under 42-8-35 include:

  • Avoid injurious and vicious habits;

  • Avoid persons or places of disreputable or harmful character;

  • Report to the officer as directed;

  • Permit the officer to visit the probationer at the probationer's home or elsewhere;

  • Work faithfully at suitable employment insofar as may be possible;

  • Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within this state:

    • That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or

    • In which any service or program in which the probationer must participate as a condition of probation is not available;

Special conditions of probation are conditions that are specific to your individual sentence, and include:

  • Payment of fines, fees and restitution

  • Performing community service,

  • Taking classes

  • Receiving court ordered treatment,

  • Drug and alcohol screening

  • Staying away from specific people and places

If you fail to complete the terms and conditions as directed, you may be accused of violating your probation.

What Happens if I Violate My Probation?

If you violate your probation in Georgia, your probation officer can swear out a warrant for your arrest. They will also file a petition for revocation of probation that identifies the specific reasons you have violated your probation. In Georgia there are technical probation violations, and substantive probation violations.

Technical probation violations are violations of the general and special conditions of probation like failing to report as instructed, testing positive on a drug or alcohol screen, and failing to complete the required classes or community service. Substantive probation violations are the commission of new crimes. In Georgia, a substantive probation violation could be as small as a minor seatbelt violation.

After your probation officer files a petition to revoke your probation, you will then be set a hearing where a Judge will determine if you have violated your probation. You are not entitled to bond while a probation matter is pending. If you are in custody, it is unlikely you will be released until the probation matter is resolved. At the probation hearing, the Judge will ask you if you admit or deny each specific probation violation. If you admit the violation occurred, the Judge will go straight to punishment, allowing you or your attorney to make an argument before their final decision. If you deny, a hearing will be held to determine whether a violation occurred. Probation revocation hearings have different rules than other court hearings. The burden of proof is just a preponderance of the evidence (more likely than not) that the violation occurred. The rules of evidence are different in probation hearings.

If you are found to have violated probation a Judge can:

  • Revoke your probation and sentence you to time in custody

  • Reinstate your probation

  • Add extra conditions of probation

  • Change the timeline things need to be completed on probation

It is important to have an attorney with experience in probation revocation matters. If you think you have a probation issue, call or e-mail today. Together, we can check on what information is available regarding the probation violation and create a strategy to best protect your rights.