In Georgia, probation is a legal alternative to incarceration run by the Georgia Department of Community Supervision (DCS). While a person is on probation, they are required to follow specific conditions and restrictions. Failing to follow even one probation term can result in your probation being revoked, so it is crucial that you are aware of your probation terms and follow them the entire time you are on probation. Keep reading to learn more about probation terms in Georgia!
What are Probation Terms in Georgia?
The specific terms of probation in Georgia can change depending on the offense and the judge’s discretion. However, some general conditions apply to most criminal cases, and these conditions may include:
- Reporting regularly to a probation officer: The Defendant must meet with a probation officer regularly, usually once a month, to discuss their progress and whether they followed the terms of their probation.
- Following all laws: The Defendant cannot commit additional crimes while on probation.Some judges do not explicitly state this as a probation term. However, it is a term that every person on probation must follow.
- Paying fines and restitution: The Defendant may be required to pay fines or restitution to the victim as part of their sentence, depending on the nature of the offense.
- Not possessing firearms: The judge may order that the Defendant not possess firearms while on probation.
- Maintaining employment or attending school: The Defendant may be required to maintain suitable employment or attend school while on probation
What are the Terms of Probation for Drug Charges?
Along with the previous general conditions of probation, many Defendants must follow special conditions. Special conditions can change depending on the type of offense committed. However, for drug-related offenses, come common special conditions include:
- Completing community service: The Defendant may be required to complete community service hours as part of their sentence.
- Submitting to drug or alcohol testing: The Defendant may be required to submit to drug or alcohol testing at any time during the probation period. The cost of drug and alcohol testing is usually the Defendant’s responsibility.
- Avoiding drugs and alcohol: The Defendant may be required to not use drugs or alcohol while on probation.
- Attending counseling or treatment programs: The Defendant may be required to attend counseling or treatment programs, such as anger management or substance abuse counseling.
Additionally, individuals found guilty of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing controlled substances with intent to distribute or engaging in the trafficking of cocaine, illegal drugs, marijuana, or methamphetamine may be subject to an additional special term of probation.More specifically, individuals found guilty of a drug offense that violates O.C.G.A. §§ 16-13-2,16-13-30(b), § 16-13-30(d), or § 16-13-31 can face a special probation term of three years, in addition to any prison term imposed by the court. For a second violation, the judge can extend the special probation term to six years in addition to any prison term imposed by the court.
What Drug Test Does Probation Use?
You will complete a urine drug screen if you are required to complete random drug testing as part of your probation terms.
Can You Drink Alcohol While on Probation in Georgia?
Probation terms can change depending on the judge and the nature of the offense. However, people convicted of drug-related offenses are typically not allowed to drink alcohol while on probation.
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