For those who have had committed a serious violation of their probation or have committed multiple violations, they could face having their probation revoked. Probation is often offered as an alternative to a jail or prison sentence. However, if probation is revoked, the courts can order the individual to serve the jail or prison time that had originally been imposed. You could face very serious charges that you may need to deal with for the rest of your life, and so it is important to retain a Atlanta probation revocation attorney who understands all the laws and can help protect you.
If you are facing a possible probation revocation, call Weintraub & Alper Legal now! We have over 55 years of proven experience.
Preparing You for the Road Ahead
When the violation is uncovered, the courts most likely will issue a hearing. This process is not as stringent nor are examinations as exhaustive as they are during the criminal court process. The evidence only needs to be convincing enough to show that a violation occurred; this means that there is enough room for error or inconsistencies. In such an instance, it can be very easy to issue the revocation based on slight circumstances alone.
Here are the most common reasons why probation gets revoked:
- Refusing to perform community service
- Avoiding scheduled court appearances
- Refusing to pay fines
- Violating restraining or protection orders
- Not meeting regularly with probation officer
- Violations of other laws
- Refusing to submit to drug testing or using drugs
During the initial sentencing, the courts will usually issue other penalties as part of the probation and will typically be related to your offense. As an example, court-ordered protection prohibits you from making contact with a certain person. If you are found associating with that person, the courts can contend that you were in violation of the protective order.
How to Fight a Motion to Revoke Probation in Georgia
Our attorneys can use a variety of strategies to fight a motion to revoke probation in Georgia, depending on the circumstances of the case. Some strategies that may be effective include:
- Challenging the evidence: If the prosecution is relying on evidence to support the motion to revoke probation, our attorneys may challenge the admissibility or reliability of that evidence, or argue that it does not establish a violation of probation.
- Presenting mitigating evidence: Our attorneys may present evidence that shows mitigating circumstances or factors that may have led to the probation violation. For example, if a violation occurred because the defendant lost their job and was unable to pay restitution, the attorney may present evidence of the defendant's efforts to find new employment and other financial difficulties.
- Negotiating a plea agreement: We may negotiate with the prosecution to reach a plea agreement that would allow the defendant to avoid having their probation revoked. This may involve agreeing to additional terms or conditions of probation, such as community service or counseling, in exchange for avoiding revocation.
- Requesting a modification of the probation terms: We may request a modification of the terms of probation to better fit the defendant's circumstances or to address the issues that led to the violation. For example, if the defendant was struggling to maintain employment while also meeting the requirements of probation, the attorney may request a modification to allow for more flexibility in their work schedule.
- Arguing that revocation is not in the best interest of justice: We may argue that revocation of probation is not in the best interest of justice, and that a more appropriate outcome would be to continue probation or impose alternative penalties.
Making this move can be advantageous to your case, and court systems tend to favor this route, primarily as it can reduce the need for litigation. We have helped protect the reputations of many clients and we can offer that same level of service to you.
Probation being revoked? Reach out to Weintraub & Alper Legal to obtain our defense!
We Have the Desire to Fight
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Our Firm Has Over 55 Years of Combined Legal Experience
Howard J. Weintraub is an Experienced Former Federal Prosecutor