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The right approach to handling an alleged probation violation

On Behalf of | Mar 30, 2021 | Criminal defense

There are thousands of people under probation supervision in Georgia. From first-time offenders to those who have been released from prison, probation supervision is considered by the courts to be a good way to “keep tabs” on people who have been convicted of a crime. And, the courts consider probation to be a privilege. That is what makes an allegation of a probation violation so serious.

If you are facing allegations of a probation violation, there is the potential that your suspended sentence could be revoked – meaning you might go to jail or prison, or perhaps home detention at best. And to make matters worse, there is no “beyond a reasonable doubt” threshold that the prosecution and your probation officer need to meet in a probation violation hearing. If they can prove the allegations by a “preponderance of the evidence” – a lower standard, akin to “more likely than not” – your ability to serve your sentence on probation could be in jeopardy.

Fortunately, if you believe the allegations of a probation violation are unfounded, or you think you can explain the circumstances to the judge, you will likely have a hearing in which you will have this opportunity. Or, alternatively, some people prefer to admit the violation, if it is true, apologize and ask the court for another chance. Each case is different, and the right approach for your case will depend on the facts involved. However, the right approach should certainly include careful consideration of what is best for your personal freedom, your rights and your ability to earn an income to support your family.

Weighing the right approach

At our law firm, we work with Georgia residents who are trying to determine the best path forward when facing probation violation allegations. For more information, please visit the probation violation overview section of our law firm’s website.