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Forsyth County Probation Violation Lawyer
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If you have been accused of violating probation, your freedom may be at risk. A missed appointment, failed drug screen, unpaid obligation or new arrest can bring you back before the court and may expose you to additional conditions or time in custody.
An accusation does not tell the entire story. What happens next can depend on the original sentence, the condition you are accused of violating, the evidence, your history on probation and the steps you take now.
The Law Office of Vic Wiegand represents people facing probation violations in Forsyth County and throughout the surrounding North Georgia area. Vic has practiced criminal defense for more than 25 years, and his office is located in Cumming, only a few blocks from the Forsyth County Courthouse.
If a probation officer has contacted you, a warrant has been issued or a revocation hearing has been scheduled, call (770) 886-4646 to request a free consultation.
The Allegation
Probation is governed by the sentence and conditions ordered in your case. Those conditions are not identical for everyone. In addition to general requirements, a judge may impose special conditions based on the original charge and the circumstances of the case.
A probation violation may be alleged for reasons that include:
Missing a meeting with a probation officer
Failing or refusing a drug or alcohol screen
Falling behind on fines, fees or restitution
Failing to complete community service, treatment, counseling or required classes
Leaving an approved area or changing residences without required permission
Violating a no-contact order or another special condition
Possessing a firearm or another prohibited item
Being arrested or accused of a new offense
The reason for the allegation matters. So does the evidence behind it. A positive drug test, missed appointment or unpaid balance may involve facts that are not obvious from the probation officer's report. A new arrest is not the same as a conviction, but it can still create a separate probation problem that must be addressed carefully.
Two Categories
Probation violations are often discussed in two broad categories.
Category One
Technical Violation
An alleged failure to follow a condition of probation. Examples may include missing an appointment, failing a drug test, not completing a required program or failing to report a change of address.
Category Two
New-Offense Allegation
An accusation that the person committed another crime while on probation. This can create two legal problems at the same time: the new criminal case and a probation revocation proceeding based on the same alleged conduct.
Special Conditions Deserve a Close Read
Some cases also involve alleged violations of special conditions that were specifically included in the original sentence. The exact language of the sentencing order can be important. Before deciding how to respond, an attorney should review the order, the alleged violation and the evidence being used to support it.
The Process
The process depends on the type of probation, the court involved and the nature of the allegation. A probation officer may report the alleged violation to the court, and the case may lead to a warrant, a petition for revocation or a scheduled hearing.
At a probation revocation hearing, the court considers the allegation and the evidence presented. The defense may challenge the allegation, question the reliability or completeness of the evidence and present information that gives the court a fuller picture of what happened.
Preparation May Include Reviewing
- The original sentence and conditions of probation
- The probation officer's report or revocation petition
- Drug or alcohol testing records
- Payment and restitution records
- Attendance records for treatment, classes or community service
- Evidence related to any new criminal charge
- Medical, employment or family circumstances connected to the allegation
- The person's overall history and performance while on probation
The details matter. Two people accused of the same type of violation may face very different circumstances and possible outcomes.
Possible Outcomes
The possible outcome depends on Georgia law, the original sentence, the conditions involved, the type of violation and the court's findings.
Depending on the case, the court may consider options such as:
- Continuing probation under the existing conditions
- Modifying or adding conditions
- Requiring additional treatment, testing, community service or supervision
- Using an available alternative sanction or program
- Ordering a period of confinement
- Revoking part or, in some circumstances, more of the remaining probation sentence
No website can reliably tell you what is likely to happen without reviewing the actual sentencing order and the alleged violation. The goal is to understand the court's options, identify weaknesses or missing context in the allegation and present the strongest response supported by the facts.
Important
First Offender Probation Requires Special Attention
An alleged violation can carry additional risk when the original case was resolved under Georgia's First Offender Act. A revocation may place First Offender status in jeopardy and may expose the person to a conviction and further sentencing consequences.
If your case involves First Offender treatment, the original plea and sentencing documents should be reviewed immediately. Learn more in our guide to Georgia First Offender pleas.
Where Your Case Is Heard
Felony and misdemeanor probation are not administered in exactly the same way.
Felony Cases
Superior Court Criminal Division
In Forsyth County, felony criminal case files are handled through the Superior Court Criminal Division.
Misdemeanor & Traffic Cases
State Court Criminal & Traffic Citations
Misdemeanor and traffic cases are maintained through the State Court Criminal and Traffic Citations Division.
The agency supervising probation and the people involved in a revocation proceeding may also differ depending on the original case. These differences can affect where the case is heard, who is involved and how the matter should be prepared. The first step is identifying the original court, the sentence and the specific conditions that apply.
Read our guide: Felony vs. Misdemeanor Probation in Georgia.
Representation
A probation revocation case may move quickly. An attorney can help you understand the allegation, the process and the decisions that may be ahead. Depending on the circumstances, representation may include:
Obtaining and reviewing the sentencing order, warrant or revocation petition
Examining the evidence supporting the alleged violation
Reviewing test results, payment records, attendance records or new criminal charges
Identifying documents, witnesses and other information that may help explain what happened
Communicating with the probation officer or prosecutor when appropriate
Challenging a disputed allegation at the revocation hearing
Presenting relevant circumstances, progress and mitigation to the court
Advocating for an outcome that minimizes additional punishment when supported by the facts and law
Even when a violation is not disputed, preparation still matters. The court may need to understand why the problem occurred, what has already been done to correct it and why a particular response is appropriate.
About Your Attorney
Vic Wiegand was admitted to the State Bar of Georgia in 1997 and has practiced criminal defense for more than 25 years. His practice is devoted to litigation, from misdemeanor charges to serious felony cases.
Vic has been a member of the Forsyth County Bar Association since 1998 and is a founding member of the Forsyth County Criminal Defense Bar. He has handled criminal cases in trial and appellate courts and has spent decades working within the Forsyth County criminal justice system.
That experience does not guarantee a particular result. It does mean your case will be evaluated by a lawyer who understands criminal defense, courtroom preparation and the local system in which your probation case may be heard.
Your Next Steps
Do not ignore an alleged probation violation or assume it will resolve itself.
- 1
Keep copies of your probation order, notices and any paperwork you receive.
- 2
Save proof of payments, appointments, treatment, classes, community service or other completed requirements.
- 3
Continue following your existing probation conditions unless the court changes them.
- 4
Do not miss a scheduled court date or required probation appointment.
- 5
Speak with a criminal defense attorney about the specific allegation and your options.
If you believe a warrant may have been issued, or if you already have a revocation hearing date, contact an attorney promptly so the situation can be reviewed before important decisions are made.
Common Questions
Can a probation violation send me to jail?
It can. Confinement is one possible consequence, but the court's options and the amount of exposure depend on the original sentence, the condition involved, the nature of the violation and other case-specific facts.
Does a failed drug test automatically revoke probation?
A failed test can be used to allege a violation, but it does not answer every question about what happened or what the court should do. The testing records, probation conditions, history of compliance and surrounding circumstances should be reviewed.
What if I am behind on fines, fees or restitution?
Falling behind may lead to an alleged violation. The reason for the nonpayment, the person's ability to pay, the payment history and the specific legal requirements can all matter. Gather your records and discuss the situation with an attorney. You should always keep records of your payments.
Can a new arrest violate probation even if I have not been convicted?
A new arrest or accusation may lead to a probation violation allegation before the new criminal charge is resolved. The revocation proceeding and the new case must be evaluated together because decisions in one matter may affect the other. A violation of probation and a criminal conviction are determined using a different standard of proof.
Can a lawyer help before the revocation hearing?
Yes. The time before the hearing can be used to review the allegation, gather records, investigate disputed facts and prepare the response that will be presented to the court.
Reference
The following official resources may help you locate basic court and supervision information. They do not provide legal advice or replace representation from an attorney.
Contact a Forsyth County Probation Violation Lawyer
If you have been accused of violating probation in Forsyth County, the most important information will be found in your sentencing order, the allegation against you and the evidence behind it.
Attorney Vic Wiegand can review the situation, explain the process and prepare a response based on the facts of your case. Call the Law Office of Vic Wiegand at (770) 886-4646 or request a free consultation online.
I consider trial by jury as the only anchor ever yet imaged by man, by which a government can be held to the principles of its constitution.
– Thomas Jefferson
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770-886-4646
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