Savannah Probation Violation Attorneys
Protecting Your Rights and Freedom
One of the most common worries for anyone on probation is the fear of being violated. If you have been or feel that you will face a future violation, the best solution is to hire an attorney who can fight to protect your legal rights. The burden of proof is very low in probation violation cases, and you could easily be forced to serve a longer term of supervision or risk going to jail or prison. If you have been arrested on new criminal charges, you will need a lawyer who can provide a strong legal defense.
Scheer, Montgomery & Call, P.C. is a Savannah law firm with a proven reputation for assisting clients facing probation violations. We provide clients with the legal representation they need to defend themselves and achieve a favorable outcome effectively. If you have questions about our legal services, please contact our law offices today to schedule a free consultation, allowing us to determine the options that best suit your needs.
What are the Different Types of Probation Violations?
Georgia divides probation violations into two distinct categories: technical and substantive violations. Violations of either category can result in you being sentenced to jail time or state prison and can have a devastating impact on your life.
Technical Violation
Just as the name suggests, technical violations involve probationers failing to adhere to the terms of their probation, including:
- Failure to report to scheduled meetings with their probation officer
- Failure to pay court-ordered fines and restitution
- Failure to complete court-ordered community service hours
- Failure to attend and complete all court-ordered counseling, substance abuse, treatment, and educational programs
- Testing positive for drugs or alcohol is prohibited
- Violations of restrictions regarding who you associate with or where you live
- Curfew violations
Substantive Violation
Substantive violations may be imposed when a probationer commits a new crime. A substantive violation may be imposed for a misdemeanor or felony. While receiving a traffic ticket for a minor offense, such as speeding, will not usually result in a substantive violation, misdemeanor offenses, like reckless driving, could lead to more severe consequences.
Additionally, in some instances, individuals on probation may violate special conditions, such as failing to maintain employment or being affiliated with restricted persons.
What Happens if a Person Violates Probation?
Suppose a probation officer believes that a person has violated their probation. Probation officers are responsible for monitoring probationers to ensure they adhere to all applicable rules. If they believe that a person has violated their probation conditions, their first step is generally to write a report, which they will submit to the court. Once the report is submitted to the court, a judge will review it and determine if a warrant should be issued for the person’s arrest or if other actions should be taken.
If a warrant is issued, the individual will most likely be arrested and held in custody, where their charges will be read in a preliminary hearing. If the judge decides that there is sufficient evidence to proceed, the individual will remain in custody until their probation violation hearing before a judge. In rare cases, a judge will approve a bond for probation violations. However, in most instances, judges decide to keep violators in jail until a final decision can be made.
During the violation hearing, the state prosecutor and the defendant’s attorney will present evidence and legal arguments regarding the violation. If the state can prove that a violation occurred, the court will determine the next course of action.
The importance of having a criminal defense attorney represent you at your probation violation hearing cannot be stressed enough. Regardless of why a probation violation occurs, you cannot risk your future and freedom by not having skilled legal representation at your side.
What are the Potential Penalties for a Georgia Probation Violation?
Individuals found guilty of a probation violation can face several legal consequences for their actions. The sentence the judge hands down will depend significantly on the type of violation involved and whether another crime was committed.
Penalties
Potential penalties for a probation violation include:
- Revocation of Probation: The court decides to revoke the probation, and the probationer is ordered to serve their original sentence
- Incarceration: If the judge decides to revoke the probation, the probationer could be ordered to serve jail time or be sent to prison to finish out the rest of their sentence
- Extension of Probation: The court decides to extend the probation, but will most likely impose stricter requirements
- Fines and Community Service: Depending on the circumstances, a judge could also order a probationer to complete community service or pay additional fines
First Offender Status
Georgia offers first offenders who have never had a previous felony conviction the opportunity to avoid a criminal conviction if they complete First Offender probation. Those who are found to have violated first offender probation face harsh consequences, including the court revoking their status. If their status is revoked, their criminal record will be visible to the general public. Additionally, a judge can impose the maximum penalties for the original offense.
What Should I Do if My Probation Officer Violates Me?
If your probation officer violates you, there are several steps that you must follow to ensure your rights are protected. The first step is to remain and seek legal representation as soon as possible. Only a qualified probation violation attorney can defend you against the charges.
It is essential to remember that if you are arrested, you still have the right to remain silent and decline to answer questions without a lawyer present. Just as with any other criminal charges, you should never say anything to law enforcement officials without consulting with your lawyer. If your violation involves a new charge, anything you say can and will be used against you in a court of law.
Your lawyer can help you understand why you are being charged with a violation and how it can affect your probation status. During a probation violation hearing, you will also have the right to have legal representation. Failing to hire a qualified lawyer could have long-lasting consequences.
If you have been charged with a probation violation or fear that a charge is imminent, contact Scheer, Montgomery & Call, P.C. of Chatham County immediately so we can assess your legal situation. Unlike other law firms that often tell clients what they want to hear, we provide an honest assessment of your case and the legal possibilities.
How Can a Probation Violation Lawyer Help Me?
Being charged with a probation violation can be frightening, especially if you risk being ordered to serve jail time or the possibility of being sent to prison. Many probationers are unfamiliar with the legal nuances involved with a probation violation. An experienced attorney will explain the legal process involved with probation violations and provide support as your case makes its way through the system.
Much like in other cases involving criminal charges, your lawyer will review the evidence against you to identify weaknesses in the state’s case. If you have a technical violation, your lawyer can negotiate with the prosecutor to try to have your probation reinstated. Often, the state is willing to reinstate probation in exchange for violators to perform community service, pay additional fines, or agree to an extended sentence.
If the state is unwilling to work with your attorney, then your legal representative will build a robust defense strategy that they will present to the court. Your attorney will challenge the state’s case by poking holes in the evidence and presenting and cross-examining witnesses. Having a lawyer on your side to represent you during a probation violation can make the difference between going free and having to serve time in jail or prison.
Why is it Better to hire a Private Attorney Than a Public Defender for a Probation Violation?
When facing criminal charges related to a probation violation, many defendants are unsure about the legal options that will provide the most beneficial outcomes. The most practical answer is to hire a private attorney rather than a public defender.
Although public defenders are qualified attorneys, they often have heavy caseloads that prevent them from devoting the time and energy needed to build a strong defense. When you opt for a private attorney, you can find one that has extensive experience handling probation violations and other unique factors that may apply to your case.
Additionally, an experienced private attorney usually has more time and legal resources to dedicate to the case. Private attorneys have the added advantage of being able to choose the cases they defend and can dedicate more time to creating custom-tailored legal strategies.
Private attorneys also have more access to resources they can use to build a case. Depending on the circumstances, a private attorney may need to call upon expert witnesses who can substantiate your defense.
Ultimately, the most compelling reason to hire a private attorney is the potential for a better outcome. If you are facing criminal charges or a technical violation, you want a lawyer who will work to secure a favorable outcome for your legal needs.
Why Should I Trust My Freedom to Your Savannah Probation Violation Lawyers?
Scheer, Montgomery & Call, P.C. has Savannah probation violation lawyers with a well-established reputation for helping clients obtain the best possible outcome for their legal needs. Our law firm proudly serves clients in Chatham County and surrounding counties.
Unlike other law firms that often tell clients what they want to hear, we provide honest case evaluations. When you come to us for help, we will thoroughly analyze your case to determine if we can assist you. If we agree to take on your case, you can be assured that we will work to secure a favorable decision on your behalf.
Contact our law firm today at 912-233-1273 to schedule a free initial consultation to discuss your legal needs.