Do you automatically go to jail if you violate probation?
After being arrested, when all is said and done in regard to a trail and sentencing, part of the defendant’s release is being under probation. The purpose of probation is for rehabilitation for the defendant, and a level of protection for society from more criminal conduct by the defendant. Probation is also a level of protection for the victim. Probation is typically granted by the judge for a defendant with first-time offense or considered a low-risk.
For most people, completing probation early is easy, especially for a first-time offender. Breaking the law isn’t a normal thing for them, so staying on the right track and taking care of business is standard. There are other however, especially repeat offenders, completing probation period without lapsing backward is challenging.
In the state of Georgia, or any state, there are several reasons why a defendant is given probation, and they be giving probation instead of time behind bars. Some reasons why probation is issued are:
- DUI conviction
- Shoplifting conviction
- Traffic violation
The probation period may be for as little as six months or it may be years. In Georgia, probation is a ways to satisfy jail time while not being in custody. However, there are several strict requirements that must be adhered to during the probation period. Any violation, the probation could be revoked, additional fines implanted, or an extension of the probation period.
What does revoking probation mean?
As mentioned above, there are specific conditions and restrictions for probation, and if those conditions or restrictions have been violated, your probation officer, a law enforcement agent, or the judge can revoke your probation. Revoking probation means your probation rights are terminated and you’re returned to jail to face another hearing.
The revoking probation process starts with a report being filed about the infraction by either a law enforcement, probation officer, or someone else. The probation officer is required to report this violation to the District Attorney’s office. The report is reviewed by the District Attorney and they will either dismiss the revocation request or submit it to the courts for a warrant to be issued.
What is the best way to increase the effectiveness of probation?
There are two primary benefits for a defendant being placed on probation instead of serving time behind bars:
- It keeps the defendant a part of the community
- It is a cost effective way for the defendant to redeem themselves of the crime committed
Experts in this area believe that a person can be more successful on probation by receiving help with assistance or treatment program related to their crime. Those programs may be an alcohol or drug treatment, anger management, mental health counseling, and employment assistance.
What percentage of probationers successfully complete their probation?
Studies in 2005 showed that seventy six percent of those placed on probation were able to complete their time without being incarcerated. Fifty nine percent were released after completing probation 100% successful.
What if you completed probation but still owe money?
A completed probation does not eliminate any court costs, fines, or restitution ordered. At the end of the probation, if there is still outstanding amounts, the courts will place a civil action judgment against the defendant. This means, you will be facing a lawsuit in civil court against the city, county, or state for which your probation was issued.
What happens if you don’t complete probation?
There are different forms of probation in the state of Georgia and the conditions and restrictions are spelled out ins the sentencing documents or plea agreement. When any of the conditions or restrictions are violated, the defendant will be arrested and returned to jail. Probation is a serious matter and should be followed to the exact word as detailed.
A misdemeanor crime where probation was handed down can be for as long as twelve months. For a felony conviction probation, the period will be for years. For a defendant, the need to remember that probation is in lieu of spending time behind bars. Probation conditions can include:
- Community service
- Search warrant of person, residence, and/ or vehicle
- No contact with others on probation or with a criminal record
- No consumption or possession of alcohol or illegal drugs
- Attend and complete a counseling or treatment
- Attend school
- Remain employed
Many think of probation as being baby sat by law enforcement, and in essence it is the same. If the defendant breaks any of the conditions, restrictions, or rules, their probation can be revoked then placed in jail. They will also be faced with another trial for break probation which could increase their time behind bars.
Crime, Time, Probation
If a person commits a crime, knowingly or unknowingly, they will need to do the time sentenced by the judge or complete a probation period. The easiest way to get through this is to follow the conditions and restrictions for the time allotted. Fighting and taking chances will only make the time feel longer, and possibly end up in jail for a longer time than originally. Call 706-353-6467 today.