Over the next few posts, I will be providing general information regarding probation, including
probation revocation, in Georgia Courts. Under Georgia law, a Court may suspend a Defendant's sentence or place him or her on probation.
The Official Code of Georgia Annotated, O.C.G.A., § 42-8-34 (c), states "if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation."
Although the Court has discretion to place a Defendant on probation, the Court is limited to placing the Defendant on probation by the maximum sentence possible in confinement. In other words, the Judge is limited to the maximum sentence when determining how much probation to place the Defendant on. Probation is intended to provide the Defendant with a chance to rehabilitate, a chance to prove him or herself. The sentencing Judge maintains jurisdiction over the Defendant for the duration of the probation sentence.
If you have been arrested or facing a probation revocation in Gwinnett, DeKalb, Cobb, Barrow, or Walton County, call the Law Office of Robert L. Booker, P.C. The consultation is free.