Today I had the unpleasant duty to visit a client in jail. For obvious reasons, I cannot discuss the circumstances that led to the client's incarceration, but the reason involved a violation of probation.
Probation is an alternative to jail:
It is difficult for people to understand, but when a person is sentenced to a period of probation, they are in effect serving a jail sentence, on the outside.
A typical first DUI sentence in Georgia will involve 24-48 hours in jail followed by 12-months of probation. However, the probationary period can be revoked if the person serving a sentence violates the terms or conditions of their probation.
Probation Revocation is a legal term that means a period set aside for probation is changed into a jail sentence.
General Conditions of Probation:
If someone violates the law, consumes illegal drugs or alcohol, or fails to report to his or her probation officer, they will be brought back to court on a violation of the general conditions of their probation.
Such violations usually result in the court revoking between 10-30 days of a person's misdemeanor probation. After serving time in jail, the person on probation is returned to the outside with direction to complete their sentence.
Special Conditions of Probation:
If someone fails to pay their fines, fails to attend community service, fails to pay probation servicing fees, fails to complete community service, or fails to attend required counseling sessions, that is considered a violation of the special conditions of probation.
Such violations usually result in additions conditions added to a person's sentence. After several violations, it is possible that a person will also be sent to jail.
None of us are used to the idea that we have to report to someone and obey their commands. Being on probation is unnatural. Since it is certainly out of the norm; as a result, many people fail to recognize the associated risks.
A court only has to find by a preponderance of the evidence that someone has violated their probation. This low standard of proof has sent many people to jail. Please be careful.
For more information about Georgia DUI Penalties, visit the rest of our website.