Toll Free: 800-564-6728
Sentencing & Probation in Georgia
Sentencing for most criminal offenses, both felonies and misdemeanors, frequently requires a period of probation. If you plead guilty or are convicted of a crime, the sentence may include time in prison or jail, a period of probation, or a combination of the two - a “split sentence.”
Prison or Jail Time - You may be sentenced to a term of jail time or prison time without any probation following. For example, if you plead guilty to a second felony drug offense involving a Schedule I or II drug that carries a sentence of five to thirty years, the judge might impose a sentence of ten years to serve. That would be “straight” prison time. No probation is involved, although you might be released on parole prior to the expiration of the ten year sentence.
Probation - Probation means you are sentenced to a term of probation that includes time in jail or prison. If you plead guilty to possession of less than an ounce of marijuana, for example, the possible sentence is up to twelve months in jail. However, there is an excellent chance the judge will allow you to serve your entire sentence on probation. If you violate the terms of your probation, you may end up spending some time in jail. With more serious offenses, it is possible that you could be confined in a State Detention Center as a condition of probation. This confinement usually lasts only a few months. Although this is considered a condition of your probation, you would be locked up, and for all practical purposes you are in jail.
Combination of Jail and Probation (Split Sentence) - A combination of jail and probation is exactly what it sounds like. If you are sentenced to five years with two to serve, you will be released no later than two years later and begin reporting to your probation officer. The last three years of the sentence are served on probation.
Three Types of Probation
Generally speaking, three types of probation exist. These are:
- Regular probation
- First offender probation
- Conditional discharge for drug offenses.
If you have been charged with a felony, you need to explore the possibility of using First Offender Probation or Conditional Discharge. If you have a prior felony conviction or have previously used First Offender Probation, you are not eligible probation as a First Offender. This can be complicated, so please check with your attorney.
Terms & Conditions of Probation
The law requires certain terms and conditions or probation, and most judges add others. The most common terms and conditions of probation include:
- Performance of Community Service
- Banishment for the Judicial Circuit
- Payment of Restitution
- Keeping away from certain persons or places
- Home confinement and monitoring
- Drug testing or treatment
Please bear in mind that this list is not all inclusive. Many judges are innovative and have their own particular priorities. So long as the conditions are reasonable, they will be upheld on appeal.
Probation Revocation
If you commit a new crime or fail to comply with the terms and conditions of probation, your probation officer will probably issue an arrest warrant and seek to have your probation revoked.
Please complete our intake form if you are seeking representation.
