Cobb County Probation Lawyer
While most people on probation avoid subsequent legal trouble, some people find themselves facing the unenviable possibility that their probation could be revoked. If this happens, it means jail time is a possibility, and a lawyer's assistance will be necessary to mitigate the damage. Ben is a Marietta Criminal Law Attorney who has represented hundreds of people accused of violating their probation.
Probation Revocation Proceedings
Everyone serving a probated sentence is subject to the general conditions of probation, which include not violating the law and not using drugs or alcohol. Most people serving probated sentences are also subject to particular special conditions of probation, which are typically adjusted to the type of conviction. Anyone accused of violating a general condition is facing a maximum of a two year revocation of their sentence. A violation of a special condition could result in the balance of the probation being revoked. If you are on probation and accused of committing a new crime, the most you can be revoked is whatever the maximum possible punishment is for that offense.
Probation revocation proceedings usually commence one of two ways. One way is that the probation officer takes out a warrant for the person's arrest. The other way is that the probation officer schedule a court date with the sentencing judge to address the alleged violation(s). The probation officer will need to file a petition for revocation putting the probationer on specific notice of how they are being accused of violating their probation.
Probationers are entitled to a hearing before the sentencing judge on allegations that they violated their probation. There, the State has the burden of proving by what is called a preponderance of the evidence that the individual violated one or more conditions. If the judge finds that the burden has been met, he or she then has the discretion to fix a remedy or prescribe a punishment.
Mitigating the Damage
Any lawyer that has handled probation revocations understands that oftentimes it is about damage control. The consequences of violating your probation can be severe, and can cause you to be taken away from your family and job.
Probationers facing an alleged violation have typically, but not always, violated in some way a term of the probation. However, this does not mean that jail time is an inevitability. Measures can be taken to avoid the harsh punishment the probation officer or prosecutor is seeking. For example, if you are accused of failing a drug test, it might be helpful to show the judge you are being proactive about dealing with the problem, by enrolling in treatment. Ben is known for coming up with creative ways, specific to the situation, to be proactive.
If you are facing a violation of your probation, it is important to get a Marietta Criminal Defense Attorney or Cobb County Criminal Defense Attorney working on your case as soon as possible. Ben is available for a free consultation regarding your case. Call him today.