Probation Violations in Georgia

The sentencing court decides probation violations at a revocation hearing, and may not revoke any part of a probated or suspended sentence unless the defendant admits the violation or it is proven 'by a preponderance of the evidence.' For a violation of a general condition (other than a new felony), the court must consider alternatives such as community service or a probation detention center, and may otherwise revoke the balance of probation or 'not more than two years in confinement, whichever is less.' For a new felony offense, the court may revoke up to the lesser of the remaining probation or the maximum sentence for that felony; for violation of a written special condition, the court may require the person to serve 'the balance or portion of the balance' of the sentence.

Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)

Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.

Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.