General Conditions (Georgia Code 42-8-35)

Probationers must:
- Obey all laws and maintain good behavior
- Avoid alcohol/drug abuse and disreputable people/places
- Report to their probation officer as directed
- Remain employed and support dependents
- Get permission before moving or leaving the state

Special Conditions (Georgia Code 42-8-34.1)

These conditions are case-specific and may include:
- Drug/alcohol evaluations
- Restitution payments
- No-contact orders
- Curfews

Georgia law outlines punishments based on the type of violation:

• Technical or new misdemeanor arrest:  probationer may serve up to 2 years in confinement or the balance of their probation in confinement – whichever is less.

• New felony arrest:  probationer may serve the balance of their probation in confinement or serve the maximum sentence that the new felony offense allows in confinement – whichever is less.

• Violation of special condition:  probationer may serve the balance of their probation in confinement.

A probation revocation hearing is not a jury trial.  The purpose of a probation revocation hearing is to determine whether the conduct of the defendant during the probation period has conformed to the terms and conditions outlined in the order of probation.

The State must prove the violation of probation by a preponderance of the evidence, a lower standard than “beyond a reasonable doubt.”  It simply means that it is more likely than not that the probationer violated their probation.

In a probation revocation hearing, you do not have the right to a jury, and double jeopardy does not apply.  However, you are entitled to:

• Advance notice of the hearing, specifically the date, time, location, and specific grounds for revocation

• The right to present evidence

• Legal representation

• A fair opportunity to be heard

Finally, it is essential to note that if the probationer is arrested for a new criminal offense, even if the court finds in the probationer's favor, the State can still prosecute the probationer separately for that new offense.

Hearings must be held as early as reasonably possible, and courts have concluded that, absent special circumstances, 30 days is a reasonable period between petition and hearing, for the sake of both the state and the defendant.

The sentencing court must be notified 10 days in advance if another court is hearing the probation revocation hearing.