Atlanta Probation Violation Attorneys

Call Our Parole Lawyers in Georgia For Legal Guidance: (404) 205-8879

Have you been accused of violating probation or parole? You may face arrest and a mandatory court hearing. Having a competent Atlanta criminal defense lawyer on your side during these proceedings is essential if you want your interests properly represented and your rights protected to the fullest extent.

Michael Moran & Associates, LLC represents parolees and probationers across Georgia who have been accused of violations. Our Atlanta parole and probation violation lawyers fight for our clients’ rights using decades of legal experience, including a history of representing defendants that started in 1975. We are skilled litigators who know how to represent our clients’ interests in their court hearings, presenting arguments in their favor and ensuring their rights are not violated in any way.

Types of Probation Violations

In Georgia, there are three primary probation violation categories:

• Technical: Failure to meet any technical conditions of probation, like reporting to the probation officer
• Special Condition: Failure to comply with any special conditions of probation, like obtaining employment or failing a drug test
• Substantive: The probationer allegedly commits a new crime

When a person is released on probation or parole, he or she must comply with certain guidelines in order to avoid arrest and revocation of probation or parole, which could result in the person having to serve the full term of his or her original sentence.

Common Ways to Violate Parole or Probation

Violating probation or parole can result in serious consequences, including extended supervision, jail, or even prison time. Below are some common ways individuals might violate the terms of their probation or parole:

• Failure to Report to the Probation or Parole Officer: One of the main conditions of probation or parole is regularly checking in with the supervising officer. Missing appointments or failing to report as required is considered a violation.
• Committing New Crimes: If the individual commits a new crime, whether it’s a felony or misdemeanor, this is a clear violation of probation or parole.
• Failure to Follow Court-Ordered Conditions: Probation and parole often come with specific conditions like attending counseling, paying restitution, maintaining employment, or completing community service. Not adhering to these conditions can result in a violation.
• Substance Abuse: Many people on probation or parole are required to stay drug- and alcohol-free. Testing positive for drugs or alcohol is a violation of those terms.
• Possessing Firearms or Dangerous Weapons: Individuals under supervision are often prohibited from owning or carrying firearms or other weapons. Violating this rule can result in a serious breach of conditions.
• Leaving the Jurisdiction Without Permission: Probation or parole usually restricts travel outside the area without prior approval. Leaving the state or country without permission is a violation.
• Associating with Known Criminals: Some probation or parole conditions include restrictions on associating with people involved in criminal activity, such as felons or gang members. Engaging with them can be considered a violation.
• Failure to Pay Fines or Restitution: Many probation terms include financial obligations, like paying fines or restitution to victims. Failing to meet these obligations can result in a violation.
• Failure to Maintain Employment or Housing: Some probationers or parolees are required to have stable employment and housing. Losing a job or not securing suitable housing may be considered a violation.
• Failure to Attend Court-Ordered Programs: Individuals might be required to attend rehabilitation, therapy, or educational programs. Missing these programs or not completing them is a violation of the conditions.

Violating Probation in Georgia

If the court finds that a person violated their probation conditions, their probation could be revoked, and they may be ordered to serve the remainder of their sentence in prison.

However, the court might modify the conditions of probation instead of revoking it. This could include adding stricter supervision, additional community service, or increased fines.

Sometimes, the court may extend the probation period, requiring the individual to stay under supervision for a longer time. Lastly, a judge might impose additional jail time on top of the probation sentence. The individual may serve time in county jail before returning to probation or parole.

Parole Violation in GA

For a parole violation, the Georgia State Board of Pardons and Paroles can revoke parole, which means the parolee would return to prison to serve the remaining time of their original sentence, minus any time served while on parole.

If parole is revoked, there may be the possibility of being granted parole again, but this is not guaranteed. The individual might be required to serve additional time before being considered for parole once more.

In some cases, a parole violation may result in additional sanctions such as additional supervision requirements, fines, or community service.

Avoiding Jail After a Probation Violation: Is It Possible?

As mentioned above, you could face imprisonment for violating your probation, but in some cases, it is possible to violate probation and not go to jail in Georgia. For example, a judge may determine whether to extend or revoke probation instead of sending the offender to prison. In some cases, the judge may also require mandatory counseling or add additional restrictions such as drug testing or travel restrictions.