Hiring an Attorney to Handle Gwinnett County Probation Office Issues
Speak with a trusted Gwinnett County Probation lawyer in Georgia.
Navigating the Gwinnett County Probation Office can be complicated. Many of the issues that require you to be on probation make it difficult for you to meet probation requirements.
Author: Philip Kim, Founder, Philip Kim Law, P.C.
Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.
Published on October 31, 2020.
Handling Gwinnett County Georgia Probation Office Issues
If you’ve ever gotten into legal trouble for a crime you committed, you may have faced the prospect of dealing with the Gwinnett County, Georgia, Probation Office or been put on probation. Probation is a judge’s order that allows a person who pleads guilty to a crime to serve or complete their “sentence” in the community rather than in jail.
Sometimes offenders will not have the option of choosing probation and instead will be ordered to complete a prison sentence. However, a Gwinnett County attorney can often help you stay out of jail if your supposed offense is a misdemeanor and if you’ve previously had a clean criminal record.
If you are navigating issues with the Gwinnett County Probation or are facing a charge and hoping to avoid jail time, hire Philip Kim Law, PC.
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Dealing With Gwinnett County Probation
How a person’s probation order is to be completed varies on a case by case basis and depends on the person. In Gwinnett County, Georgia, there are various types of supervision depending on the person and their supposed crime.
The offender’s conditions may include:
- Completing a predetermined amount of community service hours.
- Attending counseling regularly.
- Paying all fines and court costs promptly.
- Reporting to the assigned probation officer.
- Completing a brief jail sentence.
- Paying restitution to the victim and their family.
- Being not allowed drugs, alcohol, or access to weapons.
If you are dealing with a Georgia conviction that includes a period of probation for DUI charges, a Gwinnett County lawyer may be of assistance.
If you are ordered to complete a Gwinnett County probation, be aware there are two types. The first type is where the offender will serve jail time and, upon completion, go on probation. The second type is where the offender can skip jail entirely if they successfully complete their probation sentence. Sometimes, despite being offered probation, the person will choose jail to serve their time and just “get it over with,” since probation often lasts longer than a prison sentence.
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Handling Gwinnett County Felony Probation
As the name implies, Gwinnett County felony probation is probation for those who have committed a felony and wish to choose probation instead of jail. This could be for a period of up to five years. They will be required to stay out of trouble during this time period, or they will have to go to prison and serve their original sentence. While they are on probation, a probation officer supervises them and can revoke their probation at any time.
Individuals are frequently on probation for felony offenses like the following:
- Drug Charges – Second or more drug possession charges are often felonies, especially if the individual is charged with intent, manufacturing, and delivery. They will typically have to maintain sobriety to comply with their probation order.
- Violent Crimes – Crimes like homicide, first-degree sexual assault, and armed robbery are not ones in which an individual can get probation. However, battery or reckless child abuse can garner an offer of probation. You will be ordered not to have contact with the victim(s), and you will have to remain sober if you were under the influence of drugs and alcohol at the time of the crime. Then, you may be ordered to complete an anger management class.
- Sexual Assault – Generally, sexual assault offenders do not get probation. However, there are exceptions to every rule. Before an individual who committed sexual assault is given probation, they will be evaluated and given any necessary treatment. They will have to adhere to a no-contact order with the victim(s).
It is imperative all probationary rules set forth by the judge, court, and probation officer are followed, as violating them will lead to further trouble. You will risk having your probation revoked and going to jail or prison by violating your terms.
If you do anything to violate your Gwinnett County probation, you can expect one of two things to happen. First, your probation officer begins a probation hold so you can be taken into custody. Then, there are two possible ways to proceed.
The first is an alternative to revocation or ATR. This is a way to be compliant with your previous order and continue with your probation. This can be done, for example, by sending the individual to a drug treatment facility following broken probation after a drug-related charge. After completion, the person would be allowed to re-enter the community.
The second is you can present your case in front of an administrative judge, and they will decide if you should continue to be supervised.
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Gwinnett County Probation Records
Arrest records, parole records, and incarceration records can all be viewed by the public for free, and probation records are no different. Public probation records are found through court websites and are published online. The more information you have about the individual, the easier it will be to find documents on them. It is helpful to have their legal name, case number, and inmate number if they were in jail.
It is also easier to get information if you know the court that handled the case. Then, you can search through the local court’s database tool. Gwinnett County Probation records are public record, so the easiest way to find an individual document is through a county, state, or federal court.
The National Institute of Corrections’ probation and parole database is an excellent resource that can provide information about any probation or parole case, if you know where it was handled.
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Gwinnett County Felony Probation Officers
When an offender is placed on probation, they are assigned a probation officer whose job is to supervise them, ensure they are not violating the terms of their individual probation, or begin the revocation process if they are not compliant with court orders. The probation officer’s job duties include overseeing criminal defense convictions:
- Evaluating their client and determining their individual needs.
- Assessing what risks they could pose while on probation.
- Administering drug tests to ensure the person on probation has been maintaining sobriety.
- Helping to make sure the individual has access to community resources for assistance.
- Strictly monitoring the client to see that they are following any court orders.
- Helping to oversee the person is rehabilitated without going to jail.
- Preparing truthful and accurate reports and recommendations the court will take into consideration during court hearings.
- Providing support so the person can get their life on track.
- Doing home visits to inspect the living conditions of the individual.
Often, the Gwinnett County probation officer does so much more than meet with the individual once a week to keep them on track. They must handle various issues that may arise – drug and alcohol abuse, child abuse, mental illness, sexual abuse, and domestic violence – and act as a liaison between their client and the court. They are typically the best resource a person on parole has and should be treated as such.
Working with Your Gwinnett County Probation Officer
Although a probation officer is there to help you stay on the straight and narrow, they are no replacement for legal assistance. Your probation officer is an extension of law enforcement, even if they may provide some support to you.
If you are struggling with the potentially life-changing probation issues that cause difficulties finding employment or maintaining child support, consider hiring a defense lawyer with experience in Gwinnett County. Contact the Office of Philip Kim Law for additional guidance regarding probation problems in the Lawrenceville, GA area.
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Philip Kim Law, P.C.