If you're facing a misdemeanor charge, your attorney might ask the judge to release you on probation. When serving a probation sentence, it’s essential to follow the guidelines to maintain your legal standing. Laws vary throughout the United States, so familiarize yourself with how probation works in Georgia.

A Guide to Probation in Georgia

What is probation?

Probation allows people convicted of misdemeanors to stay in their communities and continue their everyday lives while still facing the consequences of their crimes. These people are supervised by probation officers to make sure they’re living according to the terms of their probation and are not a danger to others. Many attorneys will try to get probation for their clients so they can avoid serving jail time.

What are common terms of probation?

Each probation order is different. The terms are based on the crime and previous offenses. A probation officer will make regular visits and file reports to ensure the terms are being followed. These terms can include retaining employment or doing community service, as well as being tested for drugs or alcohol.

In some cases, the person on probation is required to wear an ankle monitor to let the probation officer know where they are at all times. Following all federal and Georgia laws is also necessary to remain in good standing. An attorney can work to negotiate probation terms to make them more lenient. 

What is a probation violation?

A probation violation occurs when the terms set by the judge aren’t followed. There are two types: a technical violation and a substantive violation. Technical violations involve probation-related issues, like not reporting to the officer or refusing to pay fines. Substantive violations occur when the offender commits a new crime, whether it be a misdemeanor or a felony. 

What happens if probation is violated?

If someone commits a substantive violation, their probation can be revoked. For technical violations, probation officers might request a hearing in front of a judge. The judge will evaluate whether there will be a consequence for violating probation and what it will be. The penalty could be a longer probation sentence, adding additional terms to the sentence, or even jail time. If you are facing a probation violation, hire a quality attorney to assist you with your case.

The Law Office of Daniel P. Hoffey in Atlanta, GA, can provide a legal defense no matter your criminal charge. This attorney can help you in a wide variety of situations, including all misdemeanors like drug possession, DUIs, theft, and probation violations. Mr. Hoffey strives for minimal sentences and advocates aggressively for his clients. Visit their website or call (770) 438-2111 to schedule an appointment.