Georgia Probation Revocation Hearings

If you are placed on probation, you not only have to meet all of the requirements of that probation—such as monthly fees, community service and mandatory meetings—you also have to not commit any other offenses. Even the simplest misdemeanor could subject you to a probation revocation hearing, at which your probation officer will try to “violate” you for a period of your probation and ask the judge to sentence you to imprisonment for part of your sentence. For most people, this is a scary and confusing time.

Georgia Probation Revocation Hearings

When you are faced with a probation revocation hearing, it is important to remember that this is a separate proceeding apart from your criminal case. If you have committed a new crime, you must be careful at the probation revocation hearing not to admit anything that might come back to haunt you in the criminal case. A good criminal lawyer can protect your interests at the revocation hearing while looking out for any issues with future charges.

Also, it is important to remember that the judge at a probation revocation hearing has broad discretion in revoking any part of your sentence. Many judges will revoke the remainder of your probation and require you to serve the rest of your sentence in jail.

Telling Your Story in Court

In order to keep the judge from imposing the maximum sentence, I work to humanize my clients as much as possible. I routinely have my clients’ family members and employers in the courtroom for the hearing so that I can call them as witnesses to talk about what a great parent and employee my client is. I will also paint a picture for the judge about what my client had going on in their life at the time of the alleged violation to make sure that the judge knows that any violation is an exception, not the norm, for my client.

Fighting Your Probation Revocation

Some lawyers will tell their clients to just consent to whatever revocation the probation officer recommends. This is a terrible idea. You can fight a probation revocation and at the least get less time revoked than what the probation officer recommends. You won’t be able to do it on your own, however—you need the best criminal lawyer that you can find.  Schedule a free case interview today by submitting our secure online form here.

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