If you have recently been convicted of a crime in Georgia, or pled guilty to a crime, you may have been sentenced to probation as part of your punishment. Your probation terms may require you to attend regular appointments with a probation officer, submit regular reports, or participate in drug testing. If you do not follow the terms of your probation, the court may respond by issuing a probation violation warrant, which can lead to your arrest and serious consequences.
Types of Probation Violations
Probation officers can request a probation warrant for many different reasons, but common types of probation violations include:
- Missed appointments or a failure to report to your probation officer
- Failed or skipped drug or alcohol tests
- New arrests
- Leaving the country or state without permission
- Unpaid fines, fees, or other court-ordered payments
- Failing to complete any community service, DUI education, or court-ordered treatment sessions by a court-ordered deadline
While most of these violations are considered technical violations because they involve broken rules, a new arrest is considered a substantive violation, which can affect how a court responds.
Understanding a Probation Warrant
A probation warrant is a bench warrant a judge issues after being informed of your probation violations. It allows a police officer to arrest you and hold you until a revocation hearing. Many probation warrants do not allow you to post bond, meaning you may have to wait in jail for a period of time before your hearing.
A revocation hearing determines whether to revoke your probation and order you to complete your sentence in jail. There is no jury, and prosecutors have a low bar to establish revocation. What happens at a revocation hearing can depend on whether you were previously sentenced for a felony or misdemeanor.
A misdemeanor probation violation allows a court to sentence you to serve some or part of the remainder of your sentence in county jail. A felony probation violation based on a technical violation can result in up to two years in jail or the remainder of your sentence, whichever is left. A substantive violation means that the judge can order you to serve the entire remainder of your sentence in jail.
Evaluate Your Probation Violation Warrant With an Attorney
A probation warrant will not go away on its own. Dealing with a warrant means either waiting for your arrest, voluntarily surrendering with an attorney, or filing a motion to withdraw the warrant. Acting quickly can help you coordinate an appearance or get the warrant withdrawn, and I can help you avoid extensive jail time while you wait for a hearing.
At Village Counsel Law Firm, we can help walk you through your options to deal with a probation violation warrant and help you make a decision about how to proceed that quickly addresses any outstanding warrant that you may face. Attorney Omar A. Cooper can check your warrant status, contact your probation officer, and attempt to negotiate a resolution on your behalf. For more information, contact our office today.