What kind of restrictions are set while on probation? 

While you’re free from incarceration when the judge allows probation, that comes with requirements and expectations. If any of the stipulations are broken or ignored, you’ll find yourself arrested again and facing punishment and hoping the judge allows probation violation bail. Some of the most common stipulations for probation include: 

• No alcohol consumption or drug use – random testing for either may be given
• Report to an assigned probation officer
• No associating with known criminals, felons, or any on probation
• No associating in places of disrepute
• Maintain employment or stay in school
• Do not violate any local, state, or federal laws
• Avoid confrontations that could lead to fights
• Keep your Probation Officer any change in employment or residence

Also keep in mind that depending on the crime committed and surrounding circumstances, additional restrictions may be added, including: 

• Paying any victim(s) restitution
• Community service
• Attend defensive driving, AA, or drug counseling and/or courses
• Attend a Mothers Against Drunk Driving  meeting
• Attend Substance Abuse Treatment Program 
• Attend AA or anger management meetings

If any of these requirements are skipped, arrest will follow and possible probation violation bail may or may not be allowed by the judge. 

How much jail time do you get for violating probation in Georgia?

If a person commits a probation violation, there are significant consequences. That can include any or all of the following: 

• Extended Probation Time
• Probation Revoked
• Jail Time
• Additional fines

Not all probation violations are the same in Georgia and each has a different punishment. Those different levels of violation and their punishments are: 

• Technical Probation Violation: Probation revoked for up to two years, requiring two years of jail time.
• Special Condition Probation Violation: This probation violation is punished with the remaining probation time revoked and the remainder of time spent behind bars. 
• Substantive Probation Violation: For a misdemeanor, the maximum punishment includes probation revoked for two years, which is offset by two years in jail. An additional two years of jail time. If the original charge is a felony, the remaining time on probation will be spent in jail. 

What happens if you have a warrant for probation violation?

If a person violates the terms of their probation, they are at risk of the judge issuing a bench warrant. This will result in being arrested and taken to jail. 

There they will be booked and presented to the arraignment judge for bail hearing. The judge has the option of permitting probation violation bail or not. If bail is denied, they will be held in custody until their court date. There they will face the probation violation hearing first and then the original crime. 

What happens if probation is revoked?

If a person risks probation violation, bail is denied, they will be kept in custody until their hearing date. When their hearing comes around, they will either be sent back to jail, or the judge may release them with stricter probation. The original arrest, their employment status, and residence situation will play a big part in the judge’s decision. 

What happens if you fail an alcohol test on probation in Georgia?

Any type of probation violation can result in the person being arrested, including any alcohol or drug testing.  The remaining time of probation is revoked and that time is made up behind bars.  Depending on the original charges, there is a strong possibility of probation violation bail being denied by the judge. 

Going Forward

Once a person has been arrested for any crime, the reoccurring matters can include damaging the relationship with family and friends and their employment status. The fees and fines that are required by the courts, including the amount of the probation violation bail and lawyer costs can financially ruin a family or an individual.  

Depending on the reason for the original arrest, a criminal record can affect future employment, the right to vote, buy a house, and keep any children away from them if a divorce is in place or soon to follow. 

The social stigma can be damaging as well. No matter how quiet family, friends, and co-workers stay about the situation, there is the chance of being seen attending the AA, anger management, or drug counseling. All it takes is for one person to see and word can get around quickly. If you have any additional questions or need further assistance, we can be there to help. Give us a call today at 706-353-6467.