If you have been accused of violating probation in Marietta, Georgia, the situation can become serious quickly. A probation violation may put your freedom at risk and could result in additional restrictions, modification of your probation, or incarceration for an applicable portion of your remaining sentence.
At Waid Law Firm, LLC, we defend individuals facing probation violations and probation revocation proceedings in Marietta, Cobb County, and throughout the greater Atlanta area. Attorney Addison Waid, a former prosecutor, understands how prosecutors approach criminal cases and probation violations and uses that experience to develop a strategic defense for each client.
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If you have received notice of a probation violation, believe a warrant may have been issued, or have already been arrested, getting legal advice promptly can help you understand what you are facing and what options may be available.
Waid Law Firm, LLC is conveniently located at 399 Washington Ave NE, Marietta, GA 30060, near the heart of downtown Marietta and the historic Marietta Square area. The office is easily accessible from Washington Avenue, Roswell Street, North Marietta Parkway, Cobb Parkway (U.S. 41), Church Street, Lawrence Street, Whitlock Avenue, and Atlanta Street. The firm serves clients throughout downtown Marietta, East Marietta, West Marietta, Cobb County, and surrounding communities, as well as clients traveling from nearby areas throughout the greater Atlanta metropolitan region. With convenient access to major routes including I-75, Waid Law Firm provides accessible criminal defense representation for individuals facing probation revocation in Marietta and throughout Cobb County.
Call Waid Law Firm, LLC at 470-458-9866 to speak with a probation revocation attorney in Marietta about your case.
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What Is a Probation Violation in Georgia?
Probation allows a person to remain in the community rather than serving all or part of a sentence in confinement. However, probation comes with conditions imposed by the court.
Depending on the sentence, conditions may require you to:
- Report to a probation officer as directed
- Obey all laws
- Maintain employment or support dependents
- Pay restitution, fines, or supervision fees
- Complete community service
- Submit to drug or alcohol testing
- Attend treatment or evaluation programs
- Follow curfews
- Avoid certain people or locations
- Obtain permission before leaving Georgia or changing residence
Failing to comply with one of these requirements can result in an alleged probation violation in Georgia.
A violation does not automatically mean that you will be incarcerated. The circumstances of the alleged violation, the evidence available, your probation history, and the terms of your original sentence can all affect the outcome.
Common Probation Violations
A probation revocation lawyer can help you respond to many different allegations, including:
- Failure to report to a probation officer
- Missed drug or alcohol testing
- Positive drug or alcohol test
- Failure to complete community service
- Failure to pay restitution or required fees
- Failure to complete court-ordered treatment
- Leaving Georgia without permission
- Violating a curfew or other special condition
- Contacting a person protected by a court order
- Arrest for a new misdemeanor or felony
- Alleged commission of another criminal offense
Some violations are technical, while others involve allegations of new criminal conduct. The distinction can affect the defense strategy and potential consequences.
What Happens at a Georgia Probation Revocation Hearing?
A probation revocation hearing is different from a criminal jury trial. A judge generally decides whether a violation has been established and what consequences, if any, are appropriate.
The State generally has to establish the alleged violation by a preponderance of the evidence, rather than the higher “beyond a reasonable doubt” standard applicable to a criminal trial.
Because the legal process is different, having a probation revocation lawyer in Marietta who understands Georgia probation law can be important.
Depending on the circumstances, your attorney may challenge the alleged violation, question the evidence, present witnesses or documentation, explain mitigating circumstances, or ask the court to continue or modify probation rather than impose a more severe consequence.
How Waid Law Firm, LLC Defends Probation Cases
At Waid Law Firm, LLC, the defense begins with a careful review of your case.
Attorney Addison Waid can examine your original sentencing order and probation conditions to determine exactly what requirements were imposed. The firm can then evaluate the allegations and evidence supporting the claimed violation.
Potential defense strategies may include:
Challenging the Allegation
If the evidence does not establish that a probation condition was violated, the defense can challenge the State’s allegations and supporting evidence.
Explaining the Circumstances
Not every probation violation happens intentionally. Transportation problems, financial difficulties, employment issues, family responsibilities, or misunderstandings concerning probation requirements may provide important context.
Addressing Financial Issues
Failure to pay restitution, fines, or supervision-related expenses may require an examination of the person’s actual financial circumstances and ability to pay.
Presenting Mitigating Evidence
If a violation occurred, the defense may focus on minimizing the consequences. A strong compliance history, employment, treatment participation, family responsibilities, and other positive circumstances may be relevant when asking the court for a less severe outcome.
Coordinating a New Criminal Case
If the alleged probation violation involves a new arrest or criminal charge, the probation proceeding and new criminal case should be considered together. Statements or decisions in one matter can potentially affect the other.
Can Probation Be Continued Instead of Revoked?
In some cases, the court may have alternatives to full revocation. Depending on the circumstances and applicable law, possible outcomes may include continuing probation, modifying conditions, imposing additional requirements, or revoking an applicable portion of the sentence.
The appropriate strategy depends on the original sentence, the alleged violation, your history while on probation, and the evidence presented to the court.
That is why it is important to have your actual probation order and allegations reviewed by an attorney rather than assuming that every probation violation carries the same consequences.
Probation FAQ’s
What to Expect at a Probation Revocation Hearing
A probation revocation hearing is not a jury trial. The purpose of a probation revocation hearing is to determine whether the conduct of the defendant during the probation period has conformed to the terms and conditions outlined in the order of probation.
Seek Help With A Marietta Probation Revocation Law Firm
Do not wait until your probation revocation hearing to seek legal help. The sooner your case is reviewed, the more time your attorney may have to investigate the allegations, examine the probation conditions, gather supporting documentation, and prepare a defense.
If you are facing a probation violation in Georgia, Waid Law Firm, LLC is ready to help you understand what comes next.
Call us today at 470-458-9866 to schedule a consultation.