Surviving Probation Without Any Violations

Posted by Richard Lawson | Jul 15, 2014 | 0 Comments

How To Make Sure That You Do Not Violate Your Probation By Understanding How Probation Works:

Most people arrested end up serving a period of time on probation, and for some the obligation therein is not taken seriously.

What most people do not understand is that when a court sentences someone, after a conviction or a plea of guilty, that punishment is a term of incarceration.  When a person is given a probated sentence, failure to abide with the terms and conditions of the probation will cause the probationer to be subject to arrest and to the incarceration already in the sentence.

In Georgia, there are two types of probation violations.  The first is for violating the general or special conditions of the sentence.  These violations include, but are not limited to, failure to pay fines, failure to complete community service, failure to attend counseling sessions, testing positive for alcohol or drugs, missing a meeting with a person's probation officer, or any other term of the sentence specific to the individual on probation.

This type of violation is called a technical violation of probation,  The penalty for a technical violation is a revocation of probation for up to 6-months.

The second, and more serious violation is when a person is arrested for a new offense.  Anyone on probation who violates the laws of any governmental unit is subject to having the balance of their probation revoked.

Strategies to Assure Success While on Probation:

Of course obeying the law and avoiding the more serious type of violation speaks for itself.  However, there is an easy way to avoid technical violations of probation.  We suggest to all of our clients that they should complete their DUI School, counseling, and community service before attending court.  We also suggest that our clients pay 100% of their fines and court costs on their court date.  If possible, we also suggest that our clients pre-pay all probation supervision fees as well, when allowed (some probation officers will not allow pre-payment of fees).

By completing all of these conditions prior to attending court, it becomes virtually impossible (unless a person tests positive for drugs or misses their probation appointments) for a person to fail on probation.

One caveat is that some courts do not allow these conditions to be completed prior to court or restrict their completion to certain organizations.   As a result, check with your Atlanta DUI Lawyer before starting any conditions of probation before attending court.

If you have been accused of violating probation call now. We are here to help 24/7.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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