Are You or a Loved One Facing Probation Violation in Georgia?
For many people, it is a relief to avoid jail time and get probation instead. Probation is only for a specific time. That is the good news. The hard thing about probation is it comes with a lot of conditions, or rules. If you violate one of the rules you could have a probation warrant issued for your arrest. These rules are generally the same for everyone and include:
- Avoid drugs that are not prescribed by a doctor
- Do not break any more laws
- Avoid being around people who break the law
- Avoid places where criminal activity occurs
- Keep all appointments with the probation officer
- Allow the probation officer to visit the person’s home or work
- Find and keep a job
- Do not leave Atlanta without permission from the probation officer
Sometimes a judge will add special conditions depending on the crime and individual.
A Person can be Arrested in Georgia for Violating their probation.
A probation violation can occur in Atlanta can happen one of three ways:
- Technical violation occurs when a person fails to meet conditions of probation like failing to pay a find or restitution
- Substantive violation occurs when an individual is arrested for committing another crime
- Special violation happens when a person fails to complete any condition of their probation like having no contact with a victim
If a probation officer believes the individual has violated probation, they can have them arrested without a warrant. However, a probation warrant may be issued for their arrest.
A Probation Warrant in Georgia
A probation warrant is a court order by a judge authorizing police to locate an individual, arrest them and take them to jail. The order is signed by a judge based on the fact the person allegedly committed some type of probation violation. For instance, the probation officer submits an affidavit allegedly the probation violations committed. The judge then signs the probation warrant for that individual.
Some people are told by their probation officer that a probation warrant will be issued. Most of the time a person is caught off guard. They learn about the probation warrant the moment they are arrested.
Difference between a Probation Warrant, Arrest Warrant, and Bench Warrant
A warrant is a court order authorizing a police to arrest an individual. An arrest warrant is requested by a prosecutor based on evidence a person committed a crime. A bench warrant is only issued by a judge based on some type of wrongdoing like failure to appear in court. The probation warrant can only be issued for a person on probation and can be requested based on a violation of probation conditions.
An arrest warrant and bench warrant are similar because they give an individual the opportunity to get out of jail after the arrest. A probation warrant does not. Once arrested, the person remains in jail without bail until the violation is resolved. It can take weeks to get out of county jail.
To Resolve the Probation Warrant in Georgia Contact a Yeargan & Kert, LLC Lawyer Immediately
If a person is lucky to know a probation warrant will be issued, it is important to hire a lawyer immediately. If the person does not find out until they are arrested about the probation warrant, it is vital to hire a lawyer.
Many people wait until their probation revocation hearing to hire a lawyer. A lot of time is lost at that point. There is little time to negotiate a positive resolution to the probation violation minutes to trial. In fact, a probation hearing will be called and judge will expect your case to proceed at that moment.
If the individual requests a lawyer, the judge will most likely grant the request. If the lawyer, hired shortly prior to the hearing ask for a continuous, it will most likely be granted. However, the next probation revocation hearing will take weeks to occur.
Contact Yeargan & Kert, LLC to Fight Your Probation Warrant
You are facing possible jail time or another harsh consequence of allegedly violating probation. It is time to fight the probation violation immediately. At Yeargan & Kert, LLC we pride ourselves on resolving probation warrants and violations quickly. Contact Yeargan & Kert, LLC immediately for help.