Gainesville Probation Violation Lawyer
Attorney works to stop reincarceration and other penalties
After a conviction, probation offers people the chance to resume their normal lives as they are held accountable for their transgression. Unfortunately, even an unintentional mistake while you are on probation can put you back behind bars. Located in Gainesville, The Brownell Law Office fights to help Georgians accused of probation violations avoid harsh punishment. Whether you’re on misdemeanor probation supervised by the county or a municipality, or felony probation under the Department of Community Supervision, attorney William M. (Bill) Brownell, Jr. will review the facts thoroughly and advocate for a fair resolution.
Common conditions of a probation order
When you are on probation, the court maintains the ability to resume your incarceration if you fail to comply with any of the conditions set forth by the court. Some of the conditions that are generally required of Georgia probationers include:
- Attend scheduled meetings with the assigned probation officer
- Take steps to obtain and maintain steady employment
- Avoid criminal activity
- Pass drug and alcohol tests
- Stay within the state unless granted specific authorization
Along with these and other general probation conditions, there might be specific terms based on the circumstances of the case. The relevant statute allows judges to order probationers to “avoid injurious and vicious habits” as well as “persons or places of disreputable or harmful character.” This means that a judge can revoke probation if someone engages in specific activity that otherwise would be legal. Forgetting an appointment or getting together with an old friend could result in your probation being revoked and other penalties. Accordingly, as soon as you are accused of violating one of the conditions, you should contact us.
Sanctions that can be issued if a probation violation is found
Probation is designed to give people convicted of crimes the chance to rehabilitate themselves by handling their daily responsibilities within the parameters established by the court. If the probationer commits a crime, it is considered a substantive violation. Even a misdemeanor offense can lead to two years of incarceration. For a felony crime, the individual might be imprisoned for the remainder of their probationary period, in addition to any sentence imposed for the new offense. You could also be put behind bars for technical probation violations, such as missing an appointment with your probation officer or neglecting to pay restitution to a victim. However, there is more of a likelihood that a technical violation might be punished with a fine, community service or some other sanction.
Probation violation proceedings and defenses
If you are the subject of a probation violation report, you can be arrested based on your probation officer’s belief or a warrant issued by the court. Like defendants in other criminal law proceedings, you do have the ability to raise defenses, such as mitigating circumstances or a mistake of fact. Should you be jailed following the alleged violation, Mr. Brownell will represent you in the hearing to determine if you will face additional penalties. Our firm challenges unsubstantiated allegations in probation violation proceedings and advocates for a resolution that minimizes the disruption to the probationer’s daily life.
Speak with a knowledgeable Georgia lawyer about your probation violation case
The Brownell Law Office in Gainesville assists Georgians who have been accused of violating the conditions of their probation. Please call 770-215-0184 or contact us online for an appointment to discuss your case with Mr. Brownell.