What Is Probation in Cobb County
Probation is an alternative to incarceration where the defendant is allowed to serve their sentence outside of a correctional facility under the supervision of a probation officer and subject to specific conditions set by the court.
Although probation is better than a jail sentence, the probationer will still have a criminal record and face the consequences that come with it. On the bright side, probationers get to stay with their families, keep their jobs, and lead a normal life overall, provided they meet the imposed conditions.
It must be noted that not all convicted individuals are eligible for a probated sentence. Typically, a judge may grant it to those who don’t present an imminent threat to the community. If you are facing criminal charges, you need an experienced defense attorney to get the best possible results, such as probation.
Skilled criminal defense lawyers in Atlanta can negotiate the conditions of your sentence or argue for an early probation termination. Attorneys at Farnsworth & Murphy, LLC, are dedicated to defending your rights and obtaining the best possible results. Contact us today for a free case evaluation.
The Probation System in Cobb County
If a judge in Cobb County has granted you probation, it begins the same day the judge signs the sentencing order. In other words, from that moment forward, you will be expected to follow the conditions of probation and be held accountable for your actions.
After being sentenced to probation, you must report to the appropriate probation office. Those convicted in the Cobb County State Court have to report to the Sentence Enforcement Unit Intake Office in person within three business days. The Sentence Enforcement Unit is located on the third floor of the Cobb County State Court Building, 12 East Park Square, Marietta, GA.
For probation sentences for certain traffic violations or local ordinance violations, probationers have to report to the Marietta Municipal Court Probation at 240 Lemon Street, Marietta, GA.
A probation officer will be assigned to your case. Probation officers supervise probationers and determine whether they have met or failed to meet any of the required conditions. Failing to meet the court-ordered conditions can result in the revocation of probation.
Probation Requirements and Regulations
Your probation officer will go through all court-ordered conditions of your probation on the sentencing order. In Cobb County, there are usually two sets of conditions – General Conditions and Special Conditions.
General Conditions of Probation
General conditions apply to all probationers, and they include the following:
Avoiding committing a new offense, including traffic offenses
Avoiding abuse of alcohol and controlled substances
Staying away from certain places or people
Reporting to a probation officer as directed
Maintaining suitable employment
Avoiding traveling out of state without the probation officer’s permission
Maintaining the current address within the court’s jurisdiction
Specific Regulations in Cobb County
Special regulations can also vary depending on the offense and the case’s details. In Cobb County, Special conditions can include:
Submitting to alcohol or drug testing
Attending a defensive driving course or DUI classes
Submitting to a Substance Abuse Treatment
Paying fines, restitution, and/or probation supervision fees
The conditions of your probation are mostly under the judge’s discretion. Some judges may allow early termination of Cobb County probation if all the requirements are completed.
Common Causes of Probation Revocation
Common probation violations that lead to revocation include:
Committing a new crime
Possessing a forbidden substance
Failing to report
Failing to attend counseling
Failing to pay fines or other court-imposed fees
Even if a probationer misses a single court date or fails to report to their probation officer, it is considered a violation and may lead to probation revocation.
Consequences of Violating Probation
Violating any condition of probation can result in having your probation revoked, and the judge can issue a warrant for your arrest. You can be sent to jail to serve the rest of your original sentence or have more restrictive conditions added to your probation.
When your probation officer believes you have violated your probation, they will file a “petition to revoke or modify probation,” and a revocation hearing will be scheduled.
You have the right to be represented by an attorney at the hearing. The state only needs to meet a lower standard to prove a probation violation occurred. Thus, having an experienced legal representation is especially important.
Our attorneys at Farnsworth & Murphy, LLC, can provide a strong defense and challenge the alleged probation violation. We can work to provide other evidence why probation shouldn’t be revoked and fight for the best possible outcome.
Schedule a Free Consultation with Dedicated Defense Counsel
The stakes are high in any criminal case. Having a committed criminal lawyer by your side can improve your chances of receiving the best possible outcomes, such as probation instead of jail time.
Probation can be the best option to reduce or avoid spending time incarcerated. However, failing to meet probation conditions can get you right where you started – serving the original sentence in jail and possibly facing other consequences. For example, DUI criminal consequences are severe, but they can be even harsher if DUI is committed while on probation.
Farnsworth & Murphy, LLC, can defend probation violation cases and provide personalized legal solutions. We may be able to present mitigating factors and argue for a lenient sentence.
Trust our award-winning criminal defense attorney in Cobb County to provide you with the necessary representation to get your charges reduced or dropped altogether. Contact us today to schedule your free consultation.
Frequently Asked Question
Is Probation the Same as Parole?
No, parole is different from probation. A parole is an earlier release from prison before an individual has served their full sentence. Individuals granted parole are placed under the supervision of the Department of Community Supervision (DCS).
How can I request modifications to my probation conditions?
Requesting modifications typically involves filing a “motion to modify probation” with the court. Consult with your attorney to explore options and ensure proper legal procedures are followed. If you can convince the judge by presenting strong arguments and evidence, you may succeed in getting your probation conditions modified.