Georgia Probation Violations
Probation and Warrents
- What if there is an outstanding probation warrant? Am I going to jail?
- Is a probation violation like any other criminal charge? Is it better to plead not guilty and proceed to trial?
- My probation violation is based on new charges? Will it be combined with the new case?
- What is your success rate in helping those charged with violating probation? How do I know you can help?
1. What if there is an outstanding probation warrant? Am I going to jail? (back to top)
Typically this means that our client is going to jail. A probation officer has the right to obtain an arrest warrant whenever he believes a violation has occurred. Once a judge executes a warrant, a probation officer is most unlikely to withdraw his application for that warrant. In those instances we will work diligently to negotiate the process terms of going into custody. Then, depending on the facts and circumstances of the case, we ordinarily proceed to secure a probation bond, and arrange probation violation hearing for the earliest possible date.
2. Is a probation violation like any other criminal charge? Is it better to plead not guilty and proceed to trial? (back to top)
No, not necessarily. While a probation violation is similar to a new charge, it differs in several important respects. First, alleged violators always appear before the same judge who originally sentenced the defendant to probation (unless that judge is no longer available.) Second, and of greater importance, probation violations are not decided by a jury. In these instances, the trial judge alone determines whether a violation has occurred. The differences can be quite dramatic. There is no jury trial. In jury trials, a defendant is presumed innocent until proven guilty beyond a reasonable doubt. This is not the case for probation violation hearings. At that hearing, the sole question before the judge is whether, by a preponderance of the evidence, the accused has indeed violated the terms of probation. This standard is far more relaxed than “beyond a reasonable doubt.” The judge only has to find that it is more likely than not that the probationer has committed the violation(s).
3. My probation violation is based on new charges? Will it be combined with the new case? (back to top)
Many probation violation cases arise when a probationer is arrested on new criminal charges. In such a case, the defendant not only confronts a new criminal charge, but his situation is now more complex because of the alleged probation violation. In most counties, while the same judge may handle both cases, they will be considered separately. When this happens, the defendant has two simultaneous cases, each with its own case number. Even though the cases may be kept legally separated, we are often able to resolve both matters at the same hearing, particularly when we can convince the prosecutor to present our client with an attractive offer. When this can be done, we may be able to have the sentences run concurrently. This means the sentence for one case becomes the sentence for both. On the other hand, if our client did not commit the new offense and if we can develop evidence to support this position, we will not consider a plea. In that instance, two separate hearings may be required to prove that our client did not commit the new offense(s) and that probation should not be provoked. We are very aggressive when defending our client against false or malicious charges. This is true for criminal cases as well as for probation violation cases.
4. What is your success rate in helping those charged with violating probation? How do I know you can help? (back to top)
Our success rate is quite high. It is true that probation violations can often be more challenging than ordinary criminal cases due to the ease with which a judge can find a defendant to have violated the terms of probation. Success, however, is possible. At Plichta, Alavi & Associates, P.C. we have successfully defended and completed hundreds of probation violation cases. They include dismissals of probation violations, reinstatement of probation with no violation, and in some cases, even suspension of further probation requirements. Even in those instances where a violation was unavoidable, we have often succeeded in minimizing any jail sentences previously received by our clients. In many first offender cases, we have been able to keep our client’s records clean. Our knowledge of the law, our experience in court, and our dedication to our clients has allowed us to achieve impressive results. We can do the same for you.
© 2008 Plichta, Alavi & Associates (770) 955-1511
|
