Can a judge revoke my probation when I have allegedly violated probation after being sentenced but I have not yet started my probation? Can a judge revoke my probation where it goes non-report or suspended upon completion of doing an act (classes, drug screens or evaluation).
The question requires some explanation as to situations as to where this scenario may rear its ugly head. Defendant is sentenced in one county to a sentence of 10 years to serve 2, balanced probated. While client is in prison or on parole he commits a new crime; ie he gets charged with possession of drugs in prison. Even though he has not started probation as he is under the department of corrections supervision he can still be revoked on the county level by the judge. Here are a couple of additional scenarios where the judge has the ability to revoke probation even though you are not technically on probation:
Judge sentences you in Cobb County to probation to run Consecutive to your sentence in Paulding County. You are currently serving time in Paulding County and have not yet started serving your probation in Cobb. Nonetheless, you can be revoked in Paulding and Cobb for committing a new crime.
Similarly, where a judge suspends a sentence. For example you get 5 year sentence suspended upon completion of an alcohol evaluation. You violate your probation shortly after being placed on the suspended sentence – in this scenario you can be revoked for the five years less any time that has elapsed since your sentence started even if you have already completed the evaluation – where the court has not signed an order allowing suspension to commence.
OCGA 17-10-1 (a) provides: that the trial court has the power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including the authority to revoke the [*630] suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has beg
Here are the reasons the court of appeals found persuasive on why you can still be revoked even though you are not technically on reporting probation:
While probation may be considered a mild form of ambulatory punishment imposing meaningful restraints, its true nature is an act of judicial grace. The Legislature has granted to the judiciary discretionary power to grant probation as a means of testing a convicted defendant’s integrity and future good behavior. Unlike parole, granted by an administrative agency, probation is granted by the court when the sentencing judge deems the protection of society does not demand immediate incarceration. In cases where a convicted defendant’s “future good behavior” has already been compromised by the commission of another criminal act even before the formal probationary period begins, a trial court should not be required to allow such defendant to serve a previously imposed probated sentence when the court deems the protection of society demands revocation.
by Scott Smith