Probation Violation Defense
Probation (conditional sentence) is a common form of punishment in Georgia, allowing a person to avoid prison if they adhere to specific conditions. However, the probation regime is strict, and even a minor violation can lead to the revocation of the suspended sentence and its replacement with actual imprisonment. Grounds for revocation can include: missing a scheduled check-in, leaving the country without permission, committing an administrative offense, failing a drug test, or committing a new crime. The decision to revoke probation is made by the court based on a submission from the Probation Bureau. The involvement of a lawyer is critical in this process, as it is often possible to convince the court that the violation was not substantial or was caused by a valid reason, thereby avoiding prison.
What Does This Service Cover?
Lawyers listed on Legal.ge offer defense during probation revocation proceedings:
- Representation at the Probation Bureau: Communicating with the probation officer to resolve misunderstandings before the case reaches the court (e.g., explaining the reason for a missed appointment).
- Court Hearing Defense: If the Probation Bureau requests revocation, the lawyer presents evidence (medical certificates, employment records) justifying the violation.
- Challenging Drug Tests: If the violation is based on a positive drug test, the lawyer requests an alternative expertise or appeals procedural violations.
- Easing Restrictions: Filing motions to relax probation conditions or to halve/remove the probation period early (within legal timeframes).
Common Scenarios and Real-World Situations
The risk of probation revocation arises in the following situations:
The first scenario is "Missed Check-in." The probationer forgot to sign in or was sick but failed to notify the officer. This constitutes a regime violation.
The second scenario is "Drug Use." A person tests positive for drugs during a street check. This automatically triggers a revocation hearing.
The third case is "Border Crossing." An attempt to leave the country without the Probation Bureau''s permission. Border guards stop the individual and notify the Bureau.
The fourth scenario is "New Crime." Committing even a minor crime during the probation period usually converts the suspended sentence into real prison time plus the new sentence.
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia: Articles 63-67 (Conditional sentence, revocation of probation).
- Law on Crime Prevention, Enforcement of Non-custodial Sentences and Probation: Defines the rights and duties of a probationer.
Service Process Step-by-Step
- Warning: The officer warns about a violation. The lawyer checks its validity.
- Court Submission: The Bureau files a motion to revoke probation.
- Hearing: The lawyer argues that the violation was not systematic or malicious.
- Decision: The court either sends the person to prison, tightens the regime (e.g., house arrest), or leaves probation in force.
Why Use Legal.ge?
Probation revocation means losing freedom for reasons that are often avoidable. On Legal.ge, you will find lawyers who know how to work with the Probation Bureau and the courts to help you maintain your liberty.
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