The Function Of Probation Within Georgia’s System Of Justice

As an experienced criminal defense attorney based in Marietta, Georgia, I have personally witnessed firsthand the integral role that probation plays with regard to our system of justice. Probation is an alternative to serving your sentence in a correctional facility. The dual purposes of probation are rehabilitation of offenders and protection of citizens of this great state. Its scope and impact on individuals and society as a whole cannot be trivialized.
Understanding Georgia Probation
Probation in Georgia is regulated by a number of statutes, enumerated primarily under the Official Code of Georgia Annotated (O.C.G.A.). According to O.C.G.A. § 42-8-34, probation means that procedure whereby a defendant found guilty of a crime upon verdict or plea is released by the court without imprisonment, subject to conditions placed by the court and under the supervision of a probation officer.
The primary function of probation is to provide the criminal with an opportunity to return to the community for rehabilitation, not punishment. This serves the added positive purpose of lessening the burden on our prison system and allows the criminal the opportunity to become a productive working member of our society.
Eligibility And Conditions
Not all are eligible for probation. The court thus considers factors such as the nature and severity of the crime, the defendant’s prior record, the effect on the victims, and the defendant’s possibilities for rehabilitation. Conditions of probation commonly found are regular meetings with a probation officer, community service, restitution to the victims, required counseling, and observance of special laws and regulations. Failure to fulfill any of these many conditions can result in a probation revocation, sometimes along with imprisonment.
Legal Consequences Of Probation Violations
Of course, probation violation is a serious matter, as under O.C.G.A. § 42-8-34.1, upon a finding of probation violation, the court is authorized to issue a warrant for the arrest of the probationer, conduct a hearing, and order execution of the original sentence. It is crucial that as a defense attorney, one always lets clients know why it is so important to follow everything the court has ordered in order to avoid these types of situations.
Impact On Employment And Social Life
Probation affects a person’s employment and social life to a great extent. Employers would most likely avoid hiring an individual who has some sort of criminal record, even if they are out on probation. Socially, there could also be a stigma or issue of trust in the community in which the person on probation has to live. However, if it is successfully completed through probation, their records may be expunged to ease these burdens.
Community Safety And Rehabilitation
From a broader perspective, probation pleases the community based on reducing recidivism rates. With more focus on rehabilitation programs, such as substance abuse treatment or classes dealing with anger management issues, probation is able to identify and cure the very causes of criminal behavior-a boon to the individual and society at large.
Georgia Criminal Law Frequently Asked Questions
What If I Am Charged With Violating My Probation?
If you are accused of violating your probation, the court may set a hearing to decide whether a violation has, in fact, occurred. You have the right to offer evidence and witness testimony on your behalf. If the court determines there was a violation of probation, then probation could be revoked, and you may be subjected to further penalties, even imprisonment.
Can I Travel While On Probation?
Travel restrictions are probably the most prevalent probation conditions. You are typically mandated to get approval from your probation officer before out-of-state travel. Going on a trip out of state without permission could form the basis for a violation charge.
How Long Does Probation Last In Georgia?
It depends on what you were convicted of and what your sentence was. Georgia law offers that probation can be ordered for a length of time up to the maximum for the offense on which you were convicted.
Can I Change My Conditions Of Probation?
Yes, you can reappear in court and request that your conditions of probation be modified. This typically entails showing that there has been some type of change in circumstance that would necessitate the modification. Attorney representation can aid in both preparing and presenting your petition before the court.
What Are My Rights On Probation?
This means that when you are on probation, you can exercise basic civil rights, but some of those rights, such as full freedom to travel or consume alcohol, may be restricted. It is thus of importance that one clearly understands what the conditions of his or her probation actually are.
Contact Our Marietta Criminal Defense Attorney For Your Free Consultation
Whether you or a loved one has been accused of a crime or needs probation issues in Georgia, you want to be represented by informed counsel who can help guide you through the criminal justice system. Here at The Mazloom Law Firm, LLC, we provide experienced defense strategies designed to protect your rights and achieve the best possible result. We can help. Do not try to navigate these challenges alone. To receive your consultation with our Marietta criminal defense attorney, simply call 770-590-9837. We represent clients throughout Marietta, Atlanta, and all surrounding counties, providing you with the compassionate counsel you will rely on throughout this process.