2. Special Condition Violation
Your probation officer may include a special condition of your probation. These are conditions that are not ordinary and may only apply to your case. For instance, conditions may include payment of the cost of supervision, drug testing, or probation officer reporting requirements.
Special conditions are typically set by the probation officer and not the court. As such, they are requirements for probation. Failure to appear to your officer or complete these requirements will likely result in a probation violation and further penalties.
3. Substantive Violations
Substantive violations occur if you commit a new crime while you are on probation. It is a separate act that is not connected to the original crime. For example, you may be caught shoplifting while on probation for carjacking or another form of theft. While the offenses are similar, they are separate and warrant further legal penalties.
Consequences of Probation Violation
Courts have broad discretion to impose a variety of penalties for probation violations. Therefore, if you violate your probation, you may be subject to the maximum penalties based on the Georgia state statute limits. Consequences for probation violations may include:
Warning or Request to Appear in Court
Your probation officer may issue a warning or a request for you to appear in court for a probation violation hearing. If the officer submits a request for you to appear in court, they will also recommend an additional penalty.
Determination of Violation
According to Georgia Code § 42-9-51, if you violate the terms of your parole you may face a final hearing before the parole board. The purpose of the hearing is to determine whether you violated the terms and conditions of the parole and what penalties you will be subject to as a result of the violation.
If you are found guilty of violating your probation, you will face sentencing immediately after your hearing. The court will determine what your sentence will be based on recommendations from the probation officer or parole board. Your sentence will be carried out immediately.
Possible Penalties for a Probation Violation
The court has full power to determine the penalties for a violation of probation. You may face penalties such as
- Community service
- Drug or alcohol rehab
- Large fine or restitution
- Jail time or prison term
In worst-case scenarios, the parole board may revoke your probation and require you to serve out the rest of your sentence in prison.