When a person is sentenced after a verdict of guilty, or a plea of guilty (or nolo contendere), they are usually placed on probation. Probation is actually a jail sentence that a person is allowed to serve in the outside world - not in jail. Probation is required by law in some cases - such is in a DUI case. It is always best to avoid probation whenever possible. But, unfortunately, most people have to go on probation after a plea or sentence to most criminal cases.
If a person on probation (called "the probationer") violates one of terms of probation contained in their sentence, the probation officer usually obtains a warrant for the arrest of the probationer. The sentencing judge usually signs these warrants routinely based on the testimony or affidavit of the probation officer. If a probationer is lucky, the probation officer will not obtain an arrest warrant, but will set the case down for a hearing so that the probationer can "walk in" on their court date for a probation revocation hearing. In most cases, the probationer is arrested and stays in jail waiting for a hearing. Hiring a good criminal defense attorney is essential in these cases because a good attorney can get a hearing as fast as possible and can negotiate for the client to minimize any damages from the revocation.
The law in Georgia allows the judge to grant a probation revocation bond, which would let the probationer out of jail while waiting for the probation revocation hearing. O.C.G.A. § 42-8-38 gives the sentencing court discretion to grant a bond to a probationer prior to a revocation hearing, but most judges usually don't grant these. A good criminal attorney may try anyway. A petition for a probation revocation bond gets the state moving on the case and is one way to possibly get a hearing before the sentencing judge quicker.
It is important to hire a criminal defense attorney in GA probation revocation cases, because a good criminal defense lawyer knows the judges, the court personnel, and the law of probation revocation in Georgia. Once the probationer's case is set for a hearing, several things must be done to get the best result possible - such as serving witnesses who will testify for the probationer with subpoenas, getting lab test records into evidence, serving the probation officer or supervisor with subpoenas to bring their records, etc. Preparing for a successful probation revocation hearing is hard work that must be done to get good results for the probationer. Robert Speer, The Magic Lawyer® handles probation revocation hearings on a regular basis. He knows what to expect in court. His clients say he is the best probation lawyer in Cherokee and Cobb county GA.
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