criminal law

It's obviously recommended that you never violate probation. Probation always comes with specific requirements, and your probation terms are set with the assumption that you'll follow them. Once those rules have been defined and established, there's really no room for discussion or debate. Violation of probation can have severe and enduring consequences. Indeed, adhering to your probation guidelines is key to preventing a whole host of disastrous outcomes.


Types of Violations

There are several different ways that you could violate probation in Georgia, but they all fall under three distinct categories: technical violations, special-condition violations, and substantive violations. If, for whatever reason, you don't meet a technical condition for your probation, such as if you didn't pay a fine or fee, didn't pay a necessary restitution, or you didn't report to your probation officer as instructed. Leaving the jurisdiction could also be a technical violation, depending upon the terms of your probation.


If you didn't meet or don't continue to meet a special condition of your probation, that would be a violation of that special condition. An example of that would be not maintaining gainful employment, not avoiding contact with the subject of a restraining order, or not meeting any of the other special conditions that were explicitly set as part of your probation. A substantive violation happens if you're arrested for another crime, while you're still on probation. Any and all violations should be avoided. The results of violating your probation can be quite serious.


Arrest

Consequences of Violation

There are many possible outcomes for violating your probation, and none of them are good. You could be ordered to pay a substantial fine or spend extra hours performing community service. Those are somewhat typical if the probation violation is considered to be relatively minor. A common consequence is that your probation is extended. This could be for several months or even years, which would be determined by the details of your case. If deemed appropriate, special conditions may be added to your probation. You might be required to undergo counseling for drug or alcohol abuse. In some instances, your probation will simply be revoked outright. If the violation is thought to be severe enough or is criminal in nature, you could be incarcerated.


If you've violated probation, you should contact an attorney immediately. Criminal law in Marietta and the Atlanta area isn't a common specialty, but it's always in your best interest to seek out an attorney with experience and a history of success. The sooner you speak with a lawyer, the more quickly they can begin protecting your rights. You should never take your freedom or your rights for granted. Having a capable lawyer on your side is always a good idea, especially if you want the best possible outcome. Call The Lopes Law Firm at (404) 589-9000 or request a consultation.