Home / Practice Areas / Probation Violation Defense
Probation Violation Defense
A probation revocation hearing can send you to prison on a fraction of the proof a trial requires. There is no jury, the standard is preponderance of the evidence, and the hearing moves fast. The time to act is before it, not at it.
Talk to a Lawyer Now
Confidential. No obligation. Response same business day.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details. Prefer the phone? Call (770) 693-8715.
The State needs less to revoke than it ever needed to convict. Preparation is the counterweight.
Under O.C.G.A. 42-8-34.1, a Georgia judge can revoke probation on a preponderance of the evidence, a far lower bar than beyond a reasonable doubt. Hearsay rules relax, the hearing is to the bench alone, and defendants who show up unprepared learn how quickly the balance of a sentence can be converted to custody.
The statute also draws a line that drives the whole defense: technical violations, like missed fees, missed appointments, or a failed drug screen, carry different revocation caps than a new felony offense. Framing the allegation correctly, and forcing the State to prove the version it actually charged, often decides how much custody is even on the table.
When the violation is a new arrest, the revocation hearing becomes the dangerous front, because the State may try to prove the new charge there on the lower standard before the new case is ever tried. We defend both tracks together, so testimony in one cannot sink the other.
Violations we defend.
- Technical violationsMissed appointments, fees, curfew, and screens, where revocation caps are limited by statute.
- New offense violationsA new arrest alleged as the violation, defended alongside the new case.
- Failed drug screensTesting procedures and lab results that can be challenged, not accepted.
- Absconding allegationsFailure-to-report cases where the record often tells a messier story.
- First Offender revocationsWhere the original plea’s protection, and full resentencing exposure, are both on the line.
- Early termination petitionsEnding probation ahead of schedule for clients in good standing.
Before you call.
Can I go to prison for a technical violation?
Georgia caps revocation for most technical violations, but caps are not immunity, and repeat violations change the picture. What the State can actually seek depends on how the violation is charged, which is the first thing we pin down.
Will the judge hear the new charge at my revocation hearing?
The State often tries exactly that, because the standard of proof is lower. How much of the new case comes in, and whether your defense in it is protected, depends on preparation done before the hearing.
Should I just admit the violation to get it over with?
Not before counsel has read the petition and the file. An admission can convert years of suspended time to custody in minutes, and judges have wide discretion. Leverage exists, but only before the admission.
Elite Lawyers
Talk to a trial lawyer today
Request a consultation
Confidential. No obligation. We respond during business hours, usually the same day.
Criminal and civil matters go directly to Mitch Skandalakis. Prefer the phone? Call (770) 693-8715.