Dunwoody Probation Revocation Lawyer
After a conviction for a criminal act in Georgia, most sentences involve a period of time for the defendant to be on probation. Probation allows a person to serve part of their sentence outside of the jail or prison system and reintegrate into the outside world. However, probation often comes with many conditions, and if a probation officer believes that a condition has been violated they can petition the court to revoke a person’s probation and send them back to jail. At Hawkins Spizman, our Dunwoody probation revocation lawyers are prepared to provide a skilled legal defense to all claims of probation violation and fight for your right to stay out of jail. To learn more, call or contact our office today.
Common Conditions of Probation
Probation can last for a few months to a few years, and the judge in the case can order all kinds of conditions that are attached to the probationary period. Some of the most common probation conditions include staying away from a victim, attending treatment programs or therapy, staying away from alcohol or drugs, taking regular drug tests, pay fines or restitution, and not committing any new crimes while on probation. Any violation of the terms of a person’s probation can result in a probation revocation hearing, which could result in probation be revoked.
What Happens at a Probation Revocation Hearing?
A probation revocation hearing is initiated by the probation officer in the case, who is responsible for supervising probationers and ensuring compliance with the conditions of their sentence. The probation officer will draft a petition for probation revocation, and if the judge agrees, a warrant is put out for that person’s arrest. A hearing is scheduled where the defendant can either admit or deny that the conditions of probation were violated, and it is critical that an experienced criminal defense attorney is there to defend the case.
It is important to note that a probation revocation hearing is not the same as a regular trial. The standard of proof for probation revocation is lower, which means that a probation officer must only prove that a defendant violated the terms of their probation by a preponderance of the evidence, not beyond a reasonable doubt. As such, it is easier to put a defendant back behind bars for a probation violation than it is to convict in the first place. This is why having a knowledgeable criminal defense attorney is so important in these matters.
Outcomes of a Probation Revocation Hearing
The judge in a probation revocation hearing has a few options when determining the consequences of any violations. If a preponderance of the evidence shows a violation occurred, the judge can revoke probation and send the defendant back to jail to serve out the remainder of the sentence. An attorney can also negotiate with the probation officer and judge to find another solution for a violation, such as additional conditions attached to the remainder of the probation term. A lawyer can also contest the violation outright and challenge the evidence to prove that no violation occurred, in which case the defendant can continue serving their probation outside of the jail.
Contact Our Office
To learn more about probation revocation hearings in Georgia, call or contact Hawkins Spizman in Dunwoody today to schedule a consultation of your case.