If you are currently on misdemeanor or felony probation, and you believe that your probation officer is going to accuse you of violating your probation, you need to contact an experienced violation of probation attorney to assist you.  Lawrence Lewis is ready to defend you in the violation of probation case filed in the greater metropolitan Atlanta area.  Contact us today to schedule an appointment, and learn all of the things you may need to do right now to protect yourself against the allegation.

Typically, after the Georgia probation officer makes an allegation of violation of probation, the judge will sign a warrant for your arrest. The arrest warrant for a violation of probation (VOP) usually has a "no bond" provision, meaning that unless you retain an attorney to resolve your case quickly or obtain a bond, you may be sitting in jail for weeks or months until your probation violation case is heard in court and/or resolved.

As a result, it is common for people who believe they will be arrested for violation of probation to stop reporting to their probation officer. However, failing to report to your probation only makes the matter worse, insofar as the probation officer has the right to add additional violations (e.g. failing to report to probation, failing to keep probation officer informed of your current address, failing to pay fines/fees, etc.).  If the judge knows that you failed to report, the judge may be less inclined to give you another chance at successfully completing your probation when you are eventually picked up on the VOP warrant and brought before the judge.

If you believe that your probation officer may allege that you violated probation, you should contact an experienced attorney for advice.  Lawrence Lewis has successfully represented people on violation of probation cases in Gwinnett County, and the surrounding counties, including Fulton County, Dekalb County, Cobb County, Rockdale County and Hall County.

What can be done AFTER a Probation Violation Warrant has been Signed?

■ Your attorney can confer with your probation officer or file a motion, allowing you to turn yourself in on the Georgia warrant in the courtroom where the judge can set a reasonable bond in the case, dismiss the allegation or release you on your own recognizances (ROR), which may allow you to avoid going into custody altogether.

■ An attorney can arrange for you to turn yourself in on the violation of probation warrant at the jail, represent you at your first appearance hearing which can take place within a few hours of the time you surrender yourself to the jail, and negotiate a bond on the violation of probation warrant.

If you are taken into custody on a Georgia violation of probation warrant, a criminal defense attorney can immediately file an emergency motion for bond on your behalf. Usually you can be back in front of the judge in a matter of days instead of weeks. Even if the court is not inclined to grant bond, the court may be inclined to resolve the case that day by simply reinstating the probation, thereby giving you another chance to successfully complete the probation.

Technical violations, special condition violations and substantive violations 

Violations of probation can be divided into three categories: technical violations, special condition violations and substantive violations.

■ A technical violation is when you are alleged to have violated a technical condition of your probation, such as paying restitution, fines or court costs, completing community service, meeting with your probation officer, not leaving the jurisdiction, etc.

■ A special condition violation is when you are alleged to have violated a special condition of probation, such as having no contact with the victim, earning a GED, etc.  Any condition of probation can be deemed a special condition of probation.

■ A substantive violation occurs when you are arrested because you have committed a new criminal offense while on probation.

 

Each judge has different policies and procedures for handling accusations for violation of probation.  For example, a motion to surrender may be available for a misdemeanor or felony violation of probation in Hall County, but not for a particular judge in Gwinnett, Cherokee or Forsyth County.  Call to schedule an appointment to discuss the particular facts and circumstances of your case with an experienced attorney.

Most violation of probation cases are resolved with an "admission" that the defendant did in fact violate probation.  Many defendants are not aware of legal defenses that exist in their particular case.  For example, the violation must be willful and substantial, as opposed in inadvertent and trivial.  Additionally, even in those cases where entering an admission is in the best interest of the person accused, the outcome may be far better when an experienced attorney can present mitigating or favorable information to the court about your case.

If you have violated your probation, the key to obtaining the best result is not just having an excuse, but being able to prove through relevant documents and testimony the reasons for the violation and solutions to make sure no future violations occur.

Perhaps most importantly, a private attorney can file a motion to have your violation of probation case put on the judge`s calendar much faster than it would otherwise be heard. For many cases, after the arrest the defendant may sit in jail for three weeks before his first court date.

VIOLATION OF PROBATION HEARINGS 

In a violation of probation case, there is no jury trial and the burden of proof is merely a preponderance of the evidence (not the higher "proof beyond a reasonable doubt" standard required for a jury trial).  Consequently, prosecutors may have a much easier time winning a violation of probation hearing, than winning a case during a jury trial.  If you are found to be in violation of your probation, either after a hearing or after entering an admission, the court can impose a number of different sentences, depending on whether the violation was a technical violation (maximum of two years), special condition violation, substantive violation, or violation of a first offender sentence.

DEFENSES TO A VIOLATION OF PROBATION PETITION 

An experienced Georgia Probation Attorney can discuss with you defenses that can be asserted during a Violation of Probation Hearing. A violation of probation can only occur when the violation is willful, deliberate and substantial.  The trial court is required to review each allegation of violation on a case-by-case basis to determine under the particular facts and circumstances of the case, whether a particular violation is willful and substantial by the greater weight of the evidence.

If the Georgia Probation Violation Attorney can show the court that the defendant has made reasonable efforts to comply with the terms and conditions of probation, then the individual may not be found in violation of probation. The violation of probation in Georgia is not willful or substantial if the individual makes good faith and reasonable efforts to comply with the conditions of probation, but fails to comply because of some factor out of the individual`s control such as a medical emergency or mental illness. The violation of probation may not be willful if the individual was told or otherwise lead to believe that his probation was over, and that he was no longer required to report.

The failure to submit one monthly report or to submit the report late may not be substantial when the individual is otherwise in compliance with the terms of his Georgia probation.  A curfew violation may not be a substantial violation of probation if the individual was not at his Georgia residence at the required time due to unexpected car trouble or other circumstance out of his control.

EXAMPLES OF VIOLATION OF PROBATION: 

■ Failure to Report to the Probation Officer;

■ Failure to Pay Court Costs, Fine, Restitution or Costs of Supervision;

■ Failure to be Truthful to the Probation Officer;

■ Failure to Complete Community Service Hours;

■ Failure to Follow the Instructions of the Probation Officer;

■ Failure to Obtain the Probation Officer`s Permission Prior to Moving from an Approved Residence;

■ Failure to Obtain the Probation Officer`s Permission Prior to Changing Employment;

■ Failure to Comply with the Terms of Curfew;

■ Failure to Obtain the Probation Officer`s Permission to Leave the County;

■ Failure to Successfully Complete a Counseling Program such as Anger Management

■ Violation for a New Misdemeanor Violation;

■ Substantive Violation for New Felony Arrest-

A substantive violation can occur if the defendant is arrested on a new felony offense. If felony charges are formally filed by the prosecutor, typically the defendant will answer the violation of probation charges before the felony division in which the defendant was originally sentenced to probation.

POSSIBLE CONSEQUENCES OF BEING FOUND IN VIOLATION OF PROBATION: 

■ The Court can revoke and terminate the probation, adjudicate you guilty of the underlying offense (enter a conviction) and impose a sentence of jail or prison time which can be up to the statutory maximum for the offense, which was the maximum punishment that you could have received at sentencing if you had not been sentenced to probation;

■ The Court can find you in for violation, extend time that you are on probation, and impose additional special conditions, such as additional community service, counseling, drug residential program with follow up treatment.

■ If Adjudication was Originally Withheld, You Can Now Be Adjudicated Guilty of the Underlying Offense if you are found to have violated probation;

■ A Sentence of a Term of Years in Georgia State Prison Can Be Imposed;

■ The Term of Probation Can Be Extended;

■ Additional Community Service Hours Can Be Added;

■ Drug or Psychological Counseling Requirement Can Be Added;

■ The Court can dismiss the allegation of violation of probation and reinstate the probation with the same terms and conditions;

■ The Court can dismiss the allegation of violation and then terminate your probation (which is the most desirable outcome).

CONCLUSION: 

Lawrence Lewis is ready to assist you with your Violation of Probation case.  He represents clients accused of felony violations of probation and misdemeanor violations of probation.

Whether the underlying offense was DUI, domestic battery, drug charges, shoplifting or theft charges, contact us today to schedule a consultation. A violation of probation charge is serious and requires an attorney familiar with the violation of probation procedures used by the judge that you will see for your violation of probation hearing.  If you have been charged with a violation of probation, feel free to contact us at (678) 407-9300.  407-9300