While you are on probation, you will be subject to strict supervision and must follow all the conditions imposed upon you by the judge. If you face accusations that you have violated your probationary terms, it is important to take these allegations seriously. Without legal defense from an experienced attorney, you could be facing additional sanctions or even revocation of your probation.
A Fulton County probation lawyer knows the legal system and can help represent your best interests. Let our dedicated team help you fight back against any allegations of violations and protect your rights.
Certain types of crimes, especially lower-level offenses, have the possibility of a probation sentence as an alternative to a prison sentence. Georgia Code § 42-8-34 grants trial courts the ability to consider probation for most types of offenses.
Prior to a sentencing hearing, the court may submit the case to an officer of the court for a pre-sentence investigation. The officer will investigate details of the case, the person’s history, and other relevant details that will help the court determine whether probation is appropriate. A skilled attorney in Fulton County could examine this investigation report and argue for probation as an alternative to help a defendant avoid prison and other severe penalties.
Probationers are expected to abide by the specific terms of their probation. If they are accused of violating any of those conditions, a warrant may be issued for their arrest. This warrant could mean that a probationer is arrested and jailed for their alleged violation.
A warrant is especially common when the violation is for failure to appear for a scheduled court hearing or report to the probation officer. Regular reporting is typically a requirement of probation. Violation of those conditions can have a significant and negative impact on a person’s probation case. If a defendant faces allegations that they failed to appear for a scheduled court hearing in Fulton County, they need a dedicated attorney to help them with their probation case.
Adult felony offenders could face a “probated sentence,” in which probation occurs as an alternative to incarceration. They can also face a split sentence, where they spend some time in prison and some on probation. Under state law, there are three primary types of supervision:
The Superior Court Judge will be the one to decide what type of sentence a person will face. This will be based on many factors, including the defendant’s risk level. As a local probation attorney could further explain, the judge uses an automated classification tool to help make this determination.
Probation cases can be complicated. These proceedings often involve difficult determinations made by the judge, a probation department, and others involved in your supervision. Whether you are seeking probation as an alternative to incarceration, or have been accused of violating your probationary terms, you have the right to seek legal representation.
Let a Fulton County probation lawyer defend you at every stage of the proceeding and work toward a favorable resolution in your case. Contact us today to set up a consultation and learn how we could help you.