Their experienced and skilled first offense attorney has worked on this type of case for years. This limitation ignored a large population of individuals who were eligible for First Offender treatment in the past, but, for various reasons, were not sentenced under the Act; the Act also did not originally include those who were not represented by an attorney and who were not informed of the First Offender sentencing option by the court at their sentencing. Additional special conditions. Sometimes, the officer will simply file the violation with the court, and you will be summoned to appear. Report to the probation officer on time as directed. This is why it is important to work with an experienced probation violation lawyer. A mistake in judgment does not mean you need to go to jail and prison.
Conditions include: - Community service. There are ways to defend against a probation revocation and in some cases probation can even be terminated early! This type of sentencing is at the discretion of the judge and must be done before an adjudication of guilt. The Superior Court Judge will decide which type of sentence is most appropriate based on the defendant's risk level. If the court believes that you committed a probation violation, you may face legal penalties. Probation and the First Offender Act. Do not possess firearms. Can GA Probation Management Report a Probation Violation? Then explain that you want to make sure that you don't violate the terms and conditions of your probation by not reporting. Georgia Probation Rules. With experience in dealing with DUI and criminal defense, ID theft and fraud, felony and misdemeanor charges, and probation violations, Schwartz will tenaciously fight for your rights and keep your representation strong for the best possible outcome. Trusted Criminal Defense Lawyers.
As a criminal defense attorney, I use that knowledge to the advantage of the clients I serve at Kyle H. Jarzmik Law. They include special situations such as attending courses, abstaining from alcohol, or avoiding certain people. Violating Probation in Georgia: What You Need to Know. Driving under the influence as prohibited by Code Section 40-6-391. If the court determines that the probationer has violated one or some of the terms of his or her probation, they can consider all of the following options: - Imposing additional community service, intensive probation, diversion centers, special alternative incarceration, and related alternatives to jail or prison. First Offender for Drugs- Conditional Discharge. While some offenders skip jail time altogether with a completely fulfilled probation sentence, others serve a shortened jail sentence followed by probation. The prosecuting attorney and judge may consider extenuating circumstances, the severity of the alleged violation, and your behavior while on probation otherwise when weighing judgment. If you received probation for a conviction, you have been given the opportunity to avoid jail or prison time. B) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law.
Most employers will be unable to access your criminal arrest record. The greatest fear of everyday people when arrested for a crime is that they are going to be mixed with the worst of career felons. First offender probation georgia. That would mean that your probation is over and you don't owe any fines. There are some offenses under Georgia that disqualify First Offender treatment (such as certain violent felony offenses and sex offenses listed in O. These programs take many forms and can result in your charges being dismissed and restricted from your criminal record. If it is mandated that you be incarcerated, you will be given time served. For people who are unlikely to successfully complete the terms of their probation, they may be better off in the long run with a reguar felony plea. Unless you were sentenced under the First Offender Act, your sentence cannot be extended by the sentencing court at your probation revocation hearing. Penalty for Violating Probation. Explain that there is apparently a bureaucratic problem with your paperwork. However, like all deals, it comes at a price. If an offender's probation is revoked, then a judge will decide how to proceed.
Offender is sentenced but avoids conviction. Georgia First Offender Act for Probation.