Probation Violations in Georgia

While probation and probation violations may seem straightforward, many legal nuances can make this seemingly simple area of law quite complex. Bixon Law is knowledgeable in this realm, and equipped with the expertise to navigate these intricacies and ensure that clients receive the best possible representation.

Probation Explained

Everyone, in general terms, has an idea of what probation is—a mechanism within the criminal justice system that allows a person convicted of a crime to avoid jail time or a prison sentence. This includes both convictions for misdemeanor and felony offenses. No one wants to spend time behind bars and, thus, many people accept probation over jail time without taking into consideration all the conditions of probation. It is a decision that should be heavily weighed. 

For one, a person can be on probation from months to years. The longer the probation, sometimes the harder it is to comply with the conditions. Probation is still a jail sentence. Your time is just served on the outside and a probation violation can land inside to serve the time on your sentence. All it takes is for your probation officer who oversees your case to make a recommendation to the Court to revoke your probation if he or she determines that you failed to meet and/or violated the conditions of your probation.

General Conditions of Probation in Georgia

Under Georgia law, O.C.G.A. §42-8-35(a), the court will determine the terms and conditions of probation and may provide that the probationer:

(1) Avoid Injurious and Vicious Habits;

This condition requires the probationer to refrain from behaviors that could be harmful to themselves or others, such as substance abuse or other addictive activities.

2) Avoid Persons or Places of Disreputable or Harmful Character;

Probationers must stay away from individuals or environments that could negatively influence them or lead them to re-offend, such as known criminals or areas with high crime rates.

3) Report to the Probation Supervisor as Directed;

Probationers are obligated to check in regularly with their assigned probation officer, ensuring that they are complying with the terms of their probation and making progress in their rehabilitation.

4) Permit the Supervisor to Visit the Probationer at the Probationer’s Home or Elsewhere;

This allows the probation officer to conduct home visits or meet the probationers at other locations to verify compliance with probation terms and provide necessary support.

5) Work Faithfully at Suitable Employment Insofar as Much as Possible;

Probationers are encouraged or required to maintain steady employment, promoting responsibility and aiding in their reintegration into society.

6) Remain Within a Specified Provided Location;

Probationers must stay within designated geographic boundaries to ensure they remain within the court’s jurisdiction and avoid areas that may pose risks to their rehabilitation; however, they cannot be banished to any location within the state.

Special Conditions of Probation in Georgia

Under Georgia law, O.C.G.A. §42-8-35, there are additional special conditions that are included in some probation sentences:

(1) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer’s offense, in an amount to be determined by the court; 

(2) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished to the person while incarcerated;

(3) Support the probationer’s legal dependents to the best of the probationer’s ability;

(4) Violate no local, state, or federal laws and be of general good behavior;

(5) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department.

Conditions for a Probationer Convicted of a Criminal Offense Against a Minor

In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense, the court may provide that the probationer be:

(1) Prohibited from entering or remaining present at a victim’s school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools; 

(2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The department will assess and collect fees from the probationer for such monitoring at levels set by regulation by the department;

(3) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer’s incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet-based communication;

(4) Required to have periodic unannounced inspections of the contents of the probationer’s computer or any other device with Internet access including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and,

(5) Prohibited from seeking election to a local board of education.

The Three Ways to Violate Probation in Georgia

In the state of Georgia, there are basically three ways to violate your probation: technical violations, special condition violations, and substantive violations.

Technical Violation:

A technical violation of your probation means that you have failed to meet a technical condition of your probation such as failing to pay any fines, fees, or restitution. Or, failing to report to your probation officer or leaving the jurisdiction. These violations do not involve committing new crimes but rather failing to adhere to administrative requirements. Even though they may seem minor, technical violations can still result in serious consequences, including extended probation or jail time.

Special Condition Violation:

A special condition violation of your probation means that you have failed to fulfill a special condition of your probation such as failing to comply with drug testing or programming conditions. These conditions are typically tailored to address specific issues related to your rehabilitation. Failure to meet these special conditions can lead to more severe penalties, as they are considered crucial for ensuring your successful reintegration into society.

Substantive Violation:

A substantive violation of your probation means that you have committed another criminal offense while on probation and were arrested. It is the most serious of the violations and could result in the revocation of your probation and you serving the remainder of your sentence in jail or prison. Other consequences of violating your probation can include: 

Extension of your probation: 

Extension of your probation means that you will be under supervision and must comply with probation conditions for a longer time than initially sentenced.

Heavy fines:

These financial penalties are meant to serve as a deterrent and a punishment for failing to adhere to the terms of probation.

Additional community service:

Being required to serve additional community service hours serves as both a punishment and a way to make amends to the community for your non-compliance. 

Additional special conditions:

You might be subjected to new or more stringent conditions, such as mandatory attendance in specific programs or restrictions on your movements or associations.

Additional rehabilitation counseling:

Increased or more intensive rehabilitation counseling is aimed at addressing underlying issues, such as substance abuse or behavioral problems, to support your successful rehabilitation and prevent future violations.

What Happens When You Violate Your Probation?

Usually, when a person violates their probation, a warrant is issued for their arrest. The person will then be required to attend a court hearing, in which, a judge will determine whether a violation occurred. At the hearing, the person’s probation officer may be questioned by the judge as to his or her recommendation to revoke the probationer’s probation. If the judge determines that a violation has occurred, he or she will then determine the penalty. 

Contact Bixon Law Today!

If you are considering probation over jail time or have been charged with violating your probation, give Bixon Law a call today to speak to one of our experienced criminal justice lawyers. We will vigorously defend your legal rights and advocate on your behalf to have your case dismissed or the charges against you reduced. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations and we invite you to call us at 404-551-5684 for a free consultation today.