Atlanta Probation Violations Lawyers
Despite the fact that judges have the authority to send probationers to prison at probation revocation hearings, Georgia Law categorizes probation revocation hearings as civil, rather than criminal, matters. Consequently, the burden of proof is very low, which results in the State’s success the majority of the time.
The State has to prove that a probation violation occurred only by a preponderance of the evidence, and not beyond a reasonable doubt, like at a jury trial. Most of the time, the testimony of one witness is enough to meet the State’s burden. However, the probationer has the right to cross-examine the State’s witnesses, and to call witnesses and present evidence on his behalf at probation revocation hearings.
Once all the evidence has been presented, each side gets the chance to make an argument to the judge regarding what they believe the evidence has shown.
Our criminal defense attorneys have handled numerous probation revocation hearings, and know how to properly prepare for and defend a probationer at a revocation hearing. Initially, you may not think that a probation revocation hearing is a big deal, but anytime you go before a judge for a revocation hearing, there is a chance that your probation will be revoked and you will be incarcerated.
Avoid the risk of revocation and let our experienced criminal defense attorneys advocate for your freedom. Some common Georgia probation violations we handle include:
- Felony Probation
- Misdemeanor Probation