If you have criminal proceedings going on against you, there are a few options that the judges and the prosecutor may opt for while passing judgment. In cases where the council feels that the offender requires counselling sessions and must be kept under some supervision, he/ she may be offered a probation period before being sentenced to jail. If the offender has violated the probation time, he has to find an excellent probation violation attorney cobb county. Otherwise, big trouble awaits him.
The offender may have some personal issues for which he failed to adhere to the norms of the probation period. But it is seen as an offence by the court. Also, the offender loses his opportunity to stay out of jail for some time. He/she is not left with much choice other than to either surrender in front of the court or to reach a mutual agreement with the help of a lawyer.
Before that, one must know what cobb county probation violation could mean and what trouble can come his way.
How long will the offender go to jail on violating the probation period?
The type and tenure of the punishment and jail sentence will depend on the court, the judges and the track record of the offender. But here are some obvious things that the judges may order.
- Extended probation period- If the court is satisfied with the reasons the offender has produced in front of the law, he may be provided with a new probation period. But the offender needs to have a strong reason and also should have a clear past record.
- Sentenced to jail – In a situation where the offender has willfully misbehaved or did not abide by the restrictions that were set on him, he will be imprisoned. The tenure of it may depend on the gravity of the case and the cobb county probation violation rules. Once this verdict has been given, there are slight chances for the offender to plead for mercy.
- Correctional homes – The court may also order the offender to be kept under strict supervision and may be sent to a correctional home. These are mostly situated outside the prison, where the offender has to undergo rigorous counselling process and routine training.
A proper probation violation attorney cobb county is helpful as he can defend the offender against the violation. The court may hear the plea and sanction community correction for him.
Here are some of the grounds that the court will consider while dealing with a probation violation case.
- The court cannot sentence an offender to imprisonment if he fails to pay the court session fees because of the economic condition. It will also not send him to jail if he is found to be a drug addict.
- It will not be the case if the offender is on a probation period for drug addiction. If he drives under the influence of a drug or motivates people to do the same, it will be treated as a severe offence and will be jailed. Similarly, any misbehaviour or alteration with the proof to be produced in front of the court of law
- Repeated violation of the same order will not be tolerated by the court. In that case, the offender might be directly sentenced to jail, and the tenure will be based on the laws mentioned by the state.
- If the judges are lenient, they may consider some cases on humanitarian grounds. But if the prosecutor and the probation agent want punishment of the offender under any circumstances and the judges themselves agree to that, it may lead to long term imprisonment.
To conclude, if the offender is given a probation period, he/ she should be serving it. This will avoid complications in the future. It may be a boon for some offenders as the court is giving an opportunity to him so that he can become a better person. This probation period can be utilised fully. The offender can get rid of imprisonment by serving it and at the same time ensure a good future for himself.