What does it mean to have your probation revoked?

Asked about 2 years ago - Carrollton, GA

My cousin was on first offense probation, but she violated it so her parole officer revoked it. She would have been on probation for 5 years (she only had 2 years left). She had paid all of her fines and was actually on non-report probation at the time.

Attorney answers (4)

  1. Brian Chiles Tevis

    Contributor Level 11

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    Answered . The direct answer to your question is that it means you were given a chance by getting a sentence with no jail time (5 years probation) and you blew that chance so the court is going to take back some or all of that probation time and make you serve it in jail.

    As previously answered, the PO cannot revoke your cousin's probation. It requires a hearing in front of a judge unless your cousin waived that in writing. If she did waive it, and didn't understand what she was doing, then she probably needs to discuss it with an attorney.

    Assuming that her probation is revoked though, under a first offender sentence it's not just that the balance can be revoked (like you said 2 years left), but she can actually be re-sentenced anywhere up to the maximum for the original charge. That's the downside of first offender. She will also lose her first offender status and become a convicted felon.

    It can also depend on what caused the revocation. If it's something as major as picking up new charges then a judge might give her more time or a harsher sentence. If it is something smaller like a missed deadline for a condition of probation to be completed or something minor, then some judges may not revoke 1st offender status or even any time.

    Legal disclaimer: Brian Tevis is licensed to practice law in the State of Georgia. All information given is based... more
  2. Noah Howard Pines

    Contributor Level 19

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    Answered . A probation officer cannot revoke someone's probation, only a judge can do that. Typically when your probation is revoked you go to jail or prison.
    Violating first offender probation is a bad idea because it can lead to a felony conviction that will follow you for the rest of your life.

  3. James B. Hernan

    Contributor Level 13

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    Answered . She needs an attorney to try to make sure the judge does not revoke her first offender status. See the link below for more information on First Offender Pleas in the State of Georgia.

    Contact an attorney as soon as possible for your cousin.

    DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be,... more
  4. George F. Mccranie IV

    Pro

    Contributor Level 15

    Answered . A Probation Revocation is an action initiated by the Probation Officer alleging that a Probationer has violated the Terms and Conditions of their probation. Based on the facts in the question - 1) There must be a HEARING before a Judge in order for the Probation to be Revoked. The Probation Officer cannot unilaterally Revoke the Probation. (Unless the Probationer has signed a Waiver.) 2) First Offender Status can be (and often is) lost due to a violation of probation. This means that a Conviction would be entered instead of the First Offender Status. 3) The Judge can choose the punishment for the violation from a full revocation requiring a person be incarcerated - to some type of lesser punishment such as Intensive Probation or leg monitoring etc. 4) Probation Revocations are SERIOUS matters and I strongly advise anyone in this unfortunate situation to hire the most experienced and qualified Criminal Defense Attorney that is available to them! Investing in your future by retaining an experienced Attorney often means the difference between going HOME after the hearing or going to JAIL!!! I hope this information has been helpful. Good Luck!!! George McCranie IV

    The information provided in this response to a question is not legal advise and is provided only for general... more

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