Introduction
According to Georgia Code of Conduct, the criminal procedure state that an individual can be subject to life without parole, life imprisonment, or death penalty. However, if he/she pleads guilty of misdemeanor or felony, the judge is entitled to fix the sentence of the number of weeks, months or years within the limits prescribed by law as a punishment of that crime. The judge is entitled to suspend or probate all or part of the sentence consistent with the provisions of Article 9 of Chapter 8 of Title 42. Additionally, the judge also has the authority to revoke the probation or suspension if he considers that the defendant has violated any or all of the rules and regulations prescribed in connection to the sentence even before the commencement of the period.
Unless reinstated by the court, the probation supervision shall terminate the probation no later than two years from the commencement of probation period. Nevertheless, probation supervision does not apply to defendants under the custody of the Departments of Correction or the State Board of Pardons and Paroles (Georgia Code, 2006). This code also provides that in case an individual has been sentenced to imprisonment followed by probation, the period of probation begin after the completion of the confinement period.
According to the Department of Corrections in Georgia, probation is the most frequently used sentencing of all the available options (Deal, 2013). According to the latest statistics provided by this department, more than 150,000 probationers have been assigned to various types of supervisions. These types of supervision include Community Supervision, Specialized Probation Supervision (SPS) that supervises sex offenders, Intensive Probation supervision (IPS), Day Reporting Centers and Probation Facilities. There are 113 probation offices in the state of Georgia. The costs of supervision vary with the type selected.
Violation of probation
According to previously established research, most of the people in Georgia states believe that people do not really have to commit felonies to be returned back to confined custody. They believe that even differences between the accused and the probation officer can lead to a person being rearrested and returned to jail. However, according to the probation officials, an individual can only be returned back to confinement of he/ she violates the conditions attached to their sentences.
However, there are four main types of violation of probation. First, a technical violation occurs when a probationer fails to abide by at least one of the basic rules and regulations of the probation sentence (Daniell Law Firm, LLC, 2011). These include acts like failing to report or failure to pay. This violation can result to a maximum of two years confinement. The other type is the special condition violation. In this case, the court may attach a special condition to the probation sentence if the sentencing judge considers that the sentence requires more emphasis. In such a case, the person could revoke the full balance of probation in prison. The third type is the misdemeanor violation, whereby a probationer commits a misdemeanor offense while serving the probation sentence, which leads to a two-year confinement in a correctional facility. However, in this case, the misdemeanor is addressed separately as an independent case; and if the probationer pleads innocent in the separate case, the decision on the violation of the probation stands. Finally, a felony violation occurs when a probationer commits a felony offense during the period of his/her probation. This usually results to completion of the probation balance in confinement. The conditions attached to this violation are the same as those attached to the misdemeanor violation.
In most counties of Georgia State, a violation of probation is not usually eligible to a bond. However, the state is allowed up to 45 days to present the probationer before a court of law, failure to which the probationer could be entitled to a bond hearing on the violation of the probation. Nevertheless, the probation violators are not entitled to this bond and in most cases; they are arraigned in court before the lapse of this period, which varies from county to county.
During the probation period, if the supervisor considers the probationer under his supervision to have violated the rules of the probation sentence, he may arrest the probationer without having to seek a warrant of arrest. The court in its jurisdiction might decide to commit or release the probationer, with or without a bond awaiting further hearing, or it could dismiss the charges put on the probationer. If the court goes on to conduct a hearing, it may order an execution of the former sentence considering the amount of time already spent by the probationer in the sentence.
Paths to Resolution of Probation
Wavier to Release
If a person technically violates probation, the probation officer might negotiate for a waiver whereby the probationer admits the violation and gives the right to a hearing in return for a favorable type of treatment. However, this treatment usually depends on the kind of waiver offered to the probationer. A waiver to release offers the probationer a release from jail and commitment certain sentence without hearing in case of future violation.
Wavier of Hearing
In this case, the probationer admits the violation in return for a reduced punishment as offered by the probation officer. In this case, the probationers are usually advised not to enter waivers without legal representation since they can modify the probation terms in ways leading to serious consequences.
Rule Hearing
If the probationer declines to sign a waiver or if he/she is not offered with the waiver, he could be arraigned in court where he could deny the violation of the probation and face trial and the state caries the burden of proof.
Stipulation with Joint Recommendations
This usually occurs when the probationer admits violating the probation. However, if the court rejects the recommendations, the probationer may withdraw the admission and have a hearing.
Stipulation and Argument
A sentencing hearing may be held if the probationer admits violating the probation but wishes to argue the amount of punishment. In this case, the court rules according to the recommendations of the state.
A Case Study
Below is case study of an individual who committed a felony and was sentenced with a probation sentence. The petitioner pleaded guilty after being tried in Georgia State. He was charged with burglary with burglary and theft by receiving stolen property (Champion, 2005). However, the court, in agreement with Georgia’s First Offender’s Act sentenced this petitioner to probation and the conditions attached to the sentence was that he should pay $ 500 fine and $250 in restitution (Champion, 2005). The petitioner was to pay $100 on that day, another $100 the following day and the remaining $550 was payable within four months from the day of sentencing. He borrowed the first two installments ($200). However, within the first month of his probation, he lost his job and could not find another job in time. He made an effort and notified the probation office in time that his payment of the $500 would be late. The state later filed for a revocation of the petition since the probationer failed to honor the condition of completing his balance. After the hearings, the trial court revoked the probation and sentenced the probationer to prison. The Georgia Court of Appeals rejected the petitioner’s claim of being imprisoned for his inability to pay the fine after losing his job and incapacitated to find another job or lease his properties. Several people reacted to this judgment and argued that if the court had ruled that the probation and fine sentence was enough to punish the criminal activity, then translating the violation of these conditions into an imprisonment violated the Equal Protection Clause of the Fourteenth Amendment. However, the Georgia Supreme Court denied a review of this case.
Analysis
A felony is an offense punishable in many ways, however, in Georgia State, probation is the most commonly used sentence since it imposes administrative sanctions as an alternative to judicial revocation. Probation offers offenders with an opportunity to make self-correction and have positive self-image. In using this form of punishment, a probationer continues with his/her daily routine while adhering to certain regulations that are supervised by the supervisor and probation officer (Carmen, 2009). The individuals maintain discipline since they would not risk arrest and charges for violation the rules and regulations of the probation. Additionally, probation gives the felony offenders an opportunity to avoid the offences they have been charged with since they are usually offered a lesser punishment than the offences they committed. Nevertheless, the state of Georgia does not offer probation ton criminals charged with life threatening offences such as murder.
Conclusion
Probation in Georgia State varies from county to county. The rules and regulations attached to the probation offered to criminals convicted and charged with felony also vary with the counties. The probation officers and supervisors determine and individuals cooperation with the rules and regulations of the felony. This has made most of the citizens of Georgia State to believe that personal differences between a probationer and the probation supervisor might lead to arrest and imprisonment of the probationer. Finally, the Probation Options Management Service of Georgia State allows sanctions for probation violation application to fasten, thereby shortening the time spent by probationers in local jails while they await revocation hearings.
References:
Georgia Code. (April 25, 2006). Criminal Procedure - Title 17, Section 17-10-1. Retrieved from http://law.onecle.com/georgia/17/17-10-1.html
Deal. N. Georgia Governor. (2013). Georgia Department of Corrections "Enhancing public safety, holding felons accountable". Retrieved from http://www.dcor.state.ga.us/Divisions/Corrections/ProbationSupervision/ProbationSupervision.html
Daniell Law Firm, LLC. (August 18, 2011). A Guide to Violations of Probation in Georgia. Retrieved from http://www.danielllawfirm.com/our-legal-blog/2011/8/18/a-guide-to-violations-of-probation-in-georgia.html
Champion D. J. (2005). The American Dictionary of Criminal Justice: Key Terms And Major Court Cases. Lanham, Maryland: Scarecrow Press.
Carmen R. D. (2009). Criminal Procedure: Law and Practice: Law and Practice. Stamford, Connecticut: Cengage Learning.
