You may have, or will be, incarcerated because of some violation of your Georgia probation. If so, here are some things you should know.
- You must be informed of what your violation is before going to a probation violation hearing.
- You can have an attorney represent you at a hearing.
- At your hearing you have three choices:
- Agree to the violations and the sentence recommendation;
- Contest the violations and the sentence recommendation and have a hearing;
- Stipulate (Admit) to the violations (some or all) and ask to be heard by the judge regarding any sentence.
- Simply not having the money for probation fees will not keep you incarcerated.
- Not staying in touch with your probation officer could potentially end in jail time.
- A Motion to Cancel the probation warrant may help you avoid jail time.
- Depending on the amount of time you have left, a violation could result in significant jail or prison time.
- Depending on the amount of time you have already spent in jail, your probation could be terminated at the hearing, meaning you are no longer on probation.
- New felony charges such a possession of a firearm by a probationer are severely frowned upon by judges.
13. You should have an attorney representing you at these hearings.