If you violate one of the conditions of your probation, the court might extend your probation or order you to spend some or all of your remaining probation time in jail.
When a judge sentences you to probation, it is easy to feel like you have dodged a bullet, especially when the other option was jail or prison. While being on probation is certainly preferable to spending the next several months or years within the walls of a penitentiary, it feels a lot like living next door to someone who is determined to make you miserable and wants to see you fail, except that you are on much more equal footing when you go head-to-head with a nightmarish neighbor than when you stand up for your rights within the criminal justice system. Being on probation means that the judge can send you to jail or extend your probation when you make even the smallest mistake, which means that your criminal defense lawyer’s work is not done as soon as the judge hands down a probation sentence. The rights of defendants in criminal cases extend beyond sentencing, and the probation violations lawyers at Ghanayem & Rayasam are committed to helping you exercise your legal rights.
The Three Types of Probation Violations
When the judge or your lawyer first explains to you the terms of your probation, their complexity is striking. Failure to fulfill any of your obligations related to the probation sentence, financial or otherwise, is a probation violation, and so is breaking any of the rules the judge has decided for you, arbitrary as they may be. Probation violations in Georgia fall into three categories:
- Technical violations – these include missing probation appointments, not paying fines and fees, and leaving the county where you are serving your probation.
- Special violations – These are violations of the terms specific to your probation. They may include quitting your job without your probation officer’s permission or contacting a person the court has ordered you not to contact.
- Substantive violation – A substantive violation means committing another crime while serving a probation sentence.
Penalties for Violating the Terms of Your Probation
If you violate your probation, the sentencing judge has the option to extend or revoke your probation. Extending your probation means that you must continue to follow your current terms of probation for some additional time after finishing your original sentence. Revoking your probation means that you must spend the rest of your sentence in jail or prison instead of out on probation. Neither of these are pleasant situations to be in, so contact a criminal defense lawyer if you get accused of a probation violation.
Atlanta Probation Violations Defense Lawyer
As long as you are on probation, you are at the mercy of the sentencing judge. A criminal defense lawyer can help you if you are accused of violating the conditions of your probation. Contact the defense lawyers at Ghanayem & Rayasam in Atlanta, Georgia about your case.