Cobb County Probation: Everything You Need to Know

What Is Probation?

Probation is ultimately the suspension of a jail sentence when someone has violated a law. If the court believes that the alleged offender violated the law but does not present an imminent threat to the community, a judge may give the alleged offender probation instead of a jail sentence. Probation is not a “get out of jail free card,” however.

If you receive probation in Cobb County, you will be required to live up to a certain set of rules that are set forth by the judge in your case. There are standard conditions for probation that govern the behavior of offenders in all probation cases and special conditions which are rules that are specifically applied to different types of cases. For instance, if a DUI offender receives probation, he or she may be ordered to attend a DUI class. That is an example of a special condition. Ultimately, probation ensures that an offender is punished for his or her crime while still allowing them to continue on with some sense of normalcy in their life without serving a jail sentence.

What are the General Conditions of Probation?

Probation conditions vary greatly by county and jurisdiction; however, typical conditions in Cobb County include:

• Avoid violating the laws of any governmental unit.
• Avoid abuse of illicit substances including alcohol intoxication and dangerous drug abuse.
• Report to your probation officer as directed by your sentence.
• Faithfully maintain suitable employment.
• Maintain your current address within the jurisdiction of the Court.
• Avoid traveling out of state without prior permission from your supervisor.
• Support your legal dependents to the best of your ability.

What are Special Conditions of Probation?

Your sentence may include a second set of requirements called Special Conditions of Probation. Like General Conditions, Special Conditions vary depending on jurisdiction and the circumstances of your particular case.

Typical examples include:

• Participate in a defensive driving course.
• Attend a DUI class.
• Submit to regular drug testing and follow any directed treatment.
• Submit to an evaluation for deviant behavior including anger and violence, sexual deviancy, or other special needs counseling and follow any treatment as directed.
• Pay fines as directed by the court, which may include restitution fees and monthly probation supervision fees.
• Avoid contact with certain individuals or prohibited places as directed.
• Undergo a set number of community service hours.

An experienced attorney can negotiate the conditions of your sentence. At The Waltman Firm, we fight to win because we know a fair and just resolution is worth it for you, your family, and your future.

How to Have Probation Terminated in Cobb County

If you meet certain criteria, you can have your attorney file a motion that terminates your probation based on your good behavior. In the same way that someone who is incarcerated can become eligible for early release based on good behavior, an individual who has met the terms of his or her probation is eligible for probation termination if they have lived up to the conditions of their probation as set forth by the court.

Before the court even considers your motion for probation termination, it is vital that you have met any conditions associated with your original sentence. For instance, if your original probation came with a fine or a certain number of hours of court-ordered community service, the court will not even consider terminating your probation until you have met those conditions. If the original charges against you involved drug or alcohol abuse, the court may have ordered that you complete some sort of drug or alcohol abuse class as a part of your probation. You will have to provide proof that you completed this course before you can apply for probation termination.

Secondly, your probation is contingent on your record remaining clean during the time you’re on probation. Not only can breaking any law while you’re on probation result in a probation violation that revokes your probation it also disqualifies you from being able to apply for early termination of probation in Cobb County. It is vital that you maintain a clean record for the duration of your probation term.

There are time limits that have to be met when filing for termination of your probation in Cobb County. In most cases, probation lasts between 12 and 36 months, but there are some cases where it may last longer than three years. According to current Georgia laws, if you have received probation for a period lasting longer than three years, the Department of Community Supervision will submit an application for early termination within 60 days of the three-year mark. However, that law does not dictate how long your lawyer has to wait to file for a termination of your probation.

Generally speaking, the court will not hear a motion for probation termination if the applicant has been on probation for less than one year. For offenders who are only serving a one-year probation term, that obviously means that it will be hard for them to get it terminated early. However, for offenders who are dealing with probation that lasts for 13 months or longer, there is hope. If you have met the terms and conditions of your probation with no further offenses, you can have a criminal defense attorney file a motion to terminate your probation early.

Working with an attorney who is familiar with the probation process in Cobb County is important. Some judges are less likely to grant early probation termination than others. Having an attorney on your side who is familiar with the inner workings of the process can ensure that your motion for probation termination is upheld.