When you are accused of a crime in Georgia, you may be incredibly worried about the potential penalties you can face, including whether or not you can go to jail if convicted. As such, when you are sentenced by the judge to serve probation, it can feel like a considerable weight has been lifted from your chest. However, you should note that probation carries a considerable number of terms and conditions, so it’s in your best interest to connect with an experienced attorney if you have been accused of violating the terms of your probation. The following blog explores what you can expect to occur if you violate probation and the importance of working with a Cobb County criminal defense lawyer to help you through these matters.
What Is Probation?
First and foremost, it’s critical to understand not only what probation is, but how it differs from parole. Unfortunately, many people use parole and probation interchangeably without realizing that these are two different punishments. While both parole and probation are forms of community supervision, they are issued at different times. When someone is convicted of a criminal offense, they may be placed on probation. This allows them to serve their sentence outside of jail. Parole, on the other hand, can be issued to a current inmate who has served some of their sentence in prison, thus allowing them to serve the remainder outside of jail.
For many, probation is an ideal outcome, as it entirely avoids going to jail. However, there are a number of terms and conditions you must comply with while on probation. In general, this includes regularly checking in with your probation officer, avoiding drugs, avoiding other convicted criminals, maintaining employment, obtaining permission before leaving the state, paying all fines, and submitting to random searches of your home.
However, some conditions of probation will depend on the circumstances of the crime for which you were convicted. For example, if you are convicted of assault, you may be required to participate in anger management classes, while someone convicted of drunk driving may need to partake in alcohol education courses.
What Happens If I Violate My Probation in Georgia?
Should you violate the terms of your probation, you can face significant consequences depending on the severity of the violation. There are three forms of violation which have different penalites in Georgia:
- Technical violations, which occur when you violate the general terms of your probation. This can result in the revocation of your jail terms for up to 2 years, which means you can spend two years in prison.
- Special violations, which occur when you are not in compliance with the conditions imposed as a result of the specific circumstances of your crime. Special violations result in the full revocation of your probation, meaning you can spend the rest of your sentence in jail.
- Substantive violations, which occur when you are charged with another crime while serving probation. In addition to the potential jail time you can face if convicted of the crime you are accused of, misdemenors can result in the revocation of your parole for two years, while felonies require you to serve the remainder of your sentence.
As you can, probation violations are not something that should be taken lightly, as they can result in serious penalties. That is why it’s in your best interest to connect with an experienced attorney with Miller Law Practice, LLC. When you need help, our dedicated legal team is ready to represent you. Contact us today ot learn more about your rights in these difficult matters.