The Complete Guide to Gwinnett County Probation Violation

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If you’re wondering what to do if you thought about violating probation in Gwinett County, it’s essential to understand the possible penalties. Learn more here.

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 June 25, 2022.

 

Gwinnett County Probation Violation

Having your case dismissed is the best outcome you can attain following a criminal charge. However, being put on probation instead of serving jail time is the next best thing if you are found guilty.

When you violate the conditions of your probation, the court may revoke your probation, and you may face jail time. So you need to understand what a probation violation is and what will happen to you if you commit one.

This piece answers all your questions on probation violations in Gwinnett County, Georgia. 

What Obligations Do You Have When You Are on Probation?

Once you are convicted of a crime, the judge may sentence you to serve part of your sentence on probation. However, the judge sets the terms and conditions you must follow during probation. Failure to comply with those rules can get you in a lot of trouble.

Examples of terms and conditions during a probation period are:

  • Meeting all probation officer appointments since missing one constitutes a technical violation

  • Attending court hearings

  • Getting a job

  • Avoiding certain people or places of disreputable character, such as the people related to your criminal offense

  • Paying all fines and restitution the court orders

  • Completing your community service hours

  • Not committing another crime

  • Abstaining from illegal drugs and excessive drinking

  • Accepting drugs and alcohol tests when requested by your probation officer

Failing to comply with these conditions of probation often results in serious probation violations.

What Is a Probation Violation?

A probation violation occurs when you disobey the terms and conditions of your probation. There are two types of probation violations: technical and substantive violations (new offenses). 

In a technical violation, you break the terms and conditions set for your probation. Examples are failing to pay fines, failing a drug or alcohol screening, or falling behind on your community service hours. With a technical violation, your probation officer files the probation violation against you and applies for a warrant for your arrest.

Committing an offense while on probation, no matter how small you believe it is, can result in a probation revocation. Your freedom is hanging in the balance here. Consider hiring experienced Gwinnett County criminal lawyers to defend you. They will help you fight against the alleged probation violation, safeguard your freedom, and avoid stricter probation requirements.

How Many Times Can You Violate Probation in Gwinnett County Before Arrested?

Your probation officer can apply for a warrant for your arrest even when it is your first violation of the terms of your probation. Nonetheless, unless there is a compelling reason why you violated your probation terms, you may be able to avoid a probation revocation.

If there was a compelling reason you could not fulfill some aspect of your probation, the court might show leniency. Some alleged violations are the result of misunderstandings. In some cases, the facts are simply wrong, and there was no violation at all. So make sure you have an excellent attorney-client relationship with the law office representing you and give them all the details regarding your case.

Judges may also be lenient if your probation violation is not fully paying your fines instead of missing an appointment or committing a new offense.

You may not understand Georgia’s laws on probation. Therefore, you may face severe consequences for probation violations if you don’t have excellent legal representation.

A probation violation attorney can easily spot weaknesses they can exploit to defend you. So, don’t walk alone on this journey! Hire a probation violation attorney today to safeguard your freedom.

What Happens When You Violate the Terms of Your Probation?

Probation is your chance to rebuild your life and serves as a period for rehabilitation. Therefore, you risk returning to prison if you commit a probation or parole violation.

When you violate the terms of your probation, you will be arrested and required to attend another hearing.

A probation or parole violation is a criminal offense, and you can face severe consequences, including the following :

  • Your probation may be extended for up to five years

  • Your probation may be revoked or terminated

  • The judge may find you in contempt after going through your offender status and sentence you to jail

The best outcome you can expect is that you are allowed to continue your probation under the same probation terms and conditions. However, this outcome is rare, and you should not count on it.

 

Gwinnett County Violation of Probation Consequences

Gwinnett County probation officers may be quick to file probation violations against you. The case against you may need to be decided through a court appearance. A probation revocation hearing is crucial as it determines whether you continue enjoying your freedom or are sent back to jail. 

That is why you need a defense lawyer who understands Georgia probation violation laws to fight for your legal rights. So whether you are a new client or have worked with us before, do not hesitate to contact our reputable team of criminal lawyers in Georgia to represent you.

Our lawyers understand Georgia criminal laws well and have represented many clients facing various criminal charges. We will give your case the resources it requires for a good outcome.

Frequently Asked Questions

How Long Do You Go to Jail for a Probation Violation in Georgia?

You can face a penalty of 2 years of your probation term. If you are arrested on a misdemeanor charge while serving probation, you risk getting your probation revoked and may end up serving your full jail term.

A felony probation violation in Georgia is a serious crime, and you face the possibility of jail time if convicted. You will also have a new offense added to your criminal record.

 

What Happens When You Violate Probation for the First Time in Georgia?

When you violate probation for the first time, your probation officer may apply for a warrant for your arrest. After you are arrested, you will attend a probation hearing where the judge will decide whether a probation violation occurred.

The judge may also require you to attend more community service hours.

 

What Is the Most Common Probation Violation in Gwinnett County?

There are various ways you can violate probation in Gwinnett County. One of the most common probation violations is missing appointments with your probation officer. The probation officer may not be sympathetic even if you have valid reasons, so make sure you attend all of them. However, if you cannot attend, call the probation office and explain yourself.

Other common probation violations include:

  • Failing a drug or alcohol test
  • Failing to pay fines
  • Failing to report to a probation officer
  • Getting charged with a new crime
  • Associating with certain individuals
  • Failing to perform community service

Talk to criminal lawyers in Lawrenceville, GA, if you have any questions regarding probation or parole violations before you risk losing your freedom.

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Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 201-0496
Fax: (678) 273-3501
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