A probation violation refers to any offense that breaks the terms of your probation. After DUI conviction, you may be sentenced probation. During this time, you might have to complete community service, mandatory classes or risk reduction programs. If you fail to complete these terms, you will probably be arrested and be subject to penalties. Because the justice system views probation as a second chance, it is not very forgiving when dealing with probation violations. If you've been arrested for, contact an attorney form the Law Offices of Richard S. Lawson as soon as possible. We will help you stay out of jail and fight for you rights and freedom.
How can Georgia probation be violated?
There are a variety of ways that the terms of your probation can be violated. For instance, if you fail to appear in court when you are scheduled, do not report to your probation officer on time or don't pay a fine on time, you may be charged with a probation violation. If you are on probation because of a DUI offense, it is imperative to have reputable attorney forcefully defending you in court; the justice system is not tolerant of multiple offenses and may label you a "habitual offender" if you do not meet the terms of your probation.
Although the terms of your probation may be specific to your case, there are certain actions that almost always lead to serious repercussions if police believe you have committed them. For instance, you will face a probation violation case if you are arrested for illegal drug use, sales, or possession. Additionally, if you are arrested for any reason (including non-criminal offenses) you will be charged. If convicted, you may face heavy penalties, including extended jail or prison time. Even non-criminal activity, such as traveling out-of-state without your officer's permission may result in a violation charge.
What happens now?
If authorities believe that you have broken the terms of your probation agreement, you may receive a warning or a request to appear in court. There isn't a set of concrete rules that determines what your probation officer must do in the event of a violation. Thus, officers are allowed to use their own discretion when dealing with an offense. Generally, your officer will take into consideration the severity of the alleged offense and take action accordingly. If you receive a request to appear in court, contact an attorney as soon as possible. A court appearance may mean that your officer wants to request a penalty for the violation, such as jail time. Without an aggressive attorney fighting for your rights in court, you may be subject to severe treatment.
Understanding Your Rights Under Georgia Law
Just like probation officers, judges are given wide discretion when it comes to probation violation sentences. Because of this, you will need a qualified attorney helping you stay out of jail and making sure none of your legal rights are infringed upon by the justice system. For example, you may have the legal right to a written notice of allegations held against you, the right to be heard by an impartial judge and the right to present evidence in your favor. Without an attorney, you can easily become overwhelmed by the tedious legal process – don't give up! At the firm, we can help you fully understand your rights so that you stand the best chance of staying out of jail. After a DUI, it is imperative that you keep your record clean. If you're accused of violating the terms of your probation, call an attorney from the Law Offices of Richard S. Lawson today.