What Is a Probation Revocation Hearing?

And do I need a lawyer for it?

Absolutely. I would never set foot in a courtroom under any circumstances without an Atlanta criminal defense attorney on my side. First, the judge won't be in the best of moods to start off with because 1) you're already on probation so you ran afoul of the law at some point earlier, and 2) you (potentially) screwed up again while you were under supervision. In other words, you got a break once because you're "on paper" (on probation) and now you've turned around and screwed up again. You could be looking at some jail time.

In Georgia, there are two types of violations - 1) a technical violation, and 2) a subsequent violation. A technical violation is when you don't comply with the terms of probation (e.g., fail to report regularly, don't pay the probation fees, test positive for an illegal substance, etc.) A subsequent violation is when you get arrested for a crime while on probation. A judge can revoke you for no more than two years on a technical violation. On a subsequent, however; the judge can sentence you to  up to the balance remaining on the original sentence, less time served previously on probation or in custody.

Lastly, your probation was "tolled" when your probation officer submitted the petition to revoke your probation to the judge. "Tolling" simply means that your probation was stopped, so any days spent while it's tolled does not count towards probation. Think of it as the State hitting the pause button on your probation. So if you didn't report to probation one month, and your P.O. violated you and puts out a probation warrant for your arrest, those days, weeks, or months do not count until you get picked up and put in custody.

Finally, the standard of proof at a probation revocation hearing is much lower than it is at a regular criminal trial. At a trial, you are presumed innocent until the State proves your guilt beyond a reasonable doubt. At a probation hearing, the standard of proof is a preponderance of the evidence. Basically, if they can show that you haven't reported, skipped paying your fees, or pled guilty to another crime, the judge could revoke your probation.

Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.