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DUI probationers, for example, are usually required to complete a court-mandated drug and alcohol evaluation. A technical violation is a failure to adhere to the general conditions of probation, such as failure to report to your probation officer, not paying fines, fees, or restitution as ordered, or leaving the geographic area to which you are confined during your probation. When an offender breaks laws, they may be subject to supervision by the state in which they committed the crimes. Some of the most common reasons for being denied treatment under the Georgia First Offender Act include being charged or convicted for human trafficking, violent felonies, and sexual offenses.
The clerk of court shall transmit the record of the first offender sentence to the Georgia Crime Information Center (GCIC) after offender is placed on probation or confinement. Georgia Probation Management. If you are currently on probation and you get charged with a new offense your probation could be REVOKED! Many people make mistakes and, if given the opportunity, are willing to take responsibility for those mistakes to show they are not likely to reoffend. A technical violation occurs when a defendant fails to meet some procedural requirement of probation. Allowing for expungement of records after completion of sentence. If you are charged with your first time felony, or if you have already been convicted of a felony because you were not made aware of the first time offender law, you need to call attorney Andrew Lynch for a free consultation. A person can only use the First Time Offender Act once.
Private employers may be able to see your First Offender plea if they do a thorough background check. What Penalties Might I Face? ยง 42-8-65(b)) requires GCIC to change your First Offender sentence to a conviction. In other words, if you successfully complete First Offender sentencing, you are never found guilty and will not be a convicted felon.
Call me today (470) 275-1500 for a free consultation. What could happen is that the judge takes away probation and has the defendant serve out the rest of his or her sentence in jail or prison, the length of which depends on how long the original sentence was and how much of their probation they successfully completed. Some individuals are informed by their probation officer that a warrant will be issued. Georgia's First Offenders Act was originally enacted in 1968. Your probation officer's primary duty is supporting you and offering practical advice and information throughout your period of probation. You have to make an appointment once a month to see them at their office. That would mean that your probation is over and you don't owe any fines.
My new probation officer keeps telling me that the case has not transferred yet and that the other county has to contact her. The court can revoke your probation up to the time left on your sentence, or impose additional conditions of probations, such as increased drug testing, community service, or substance abuse counseling. Then, it will be up to the prosecutor to determine eligibility, but the ultimate decision is up to the judge. I am currently on probation for a felony charge. Do not keep drugs or paraphernalia in your home. Your probation may revoked, at least in part, based upon a failure to follow any of the conditions of your probation. Additionally, first offender status granted in cases related to the operation of a vehicle will not prevent the applicable license suspension or revocation.
We have extensive experience in this process and have successfully handled cases of this nature. The offender can move to another state during probation both states approve of the transfer. Submitting to randomly scheduled home searches. A technical violation means that the convicted individual under probation failed to meet the requirements or conditions of their probationary sentence. One way is to be found guilty after a trial by a jury. A judge may order jail time as a part of the sentence, but once the sentence is served the individual can then state that he or she has never been convicted of a felony. The terms of probation might include attending a risk reduction course, such as DUI school or defensive driving; attending a victim impact panel; and being evaluated for substance abuse, anger and violence, or deviant behaviors. Put your cousin to work; have My Cousin Danny appeal your conviction in Cobb County Georgia, DeKalb County Georgia, Fulton County Georgia, Gwinnett County Georgia, or anywhere in the State of Georgia where you need help. Special condition violations and technical violations occur when a probationer fails to meet one or more of the conditions of probation, such as failing to report to the probation officer, while substantive violations occur when a new crime is committed. Contact Schwartz Law Today.