In both misdemeanor and felony cases, a common outcome with a conviction is probation. Probation means a probated jail or prison sentence; so the sentence is for 12 months or five years, but instead of serving the time, the judge has allowed you to serve the time on probation instead. This is good news for many people. The problems arise when you are accused of violating your probation and need to face a probation revocation hearing.
Probation officers violates probationers for two main reasons - these are technical probation offenses and new offenses. Technical probation offenses include being behind on your fines and fees, falling behind on your community service, failing to take a class or get an evaluation (such as an alcohol and drug assessment) without the allocated time period, failing to report, and testing positive on a drug test.
The second reason that probation officers violate probation for is a new offense. This is more serious than a technical offense and the consequences are generally more severe. The next step in a probation violation is generally an arrest and the probationer sits in jail for approximately one month awaiting a probation revocation hearing. At the hearing, the probation officer is present and sometimes a prosecuting attorney and a revocation is sought. If you have a new offense, they can seek a full revocation of the time left on your probation. So if you have 3 years left on your probation, your probation can be revoked for those three years and you would have to spend that time in jail or prison.
Alpharetta attorney Richard Lawson gets clients the best possible outcome in probation revocation hearings. Call today for a consultation.
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