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How Hearsay Rules Apply in a Probation Revocation Hearing

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If you are on probation for an offense in Georgia, your probation comes with certain conditions. If you are accused of violating your probation, the judge may be able to revoke your probation and sentence you to jail time if the state can show that you violated the conditions of your probation by a preponderance of the evidence. It is important that you have an experienced attorney by your side to protect your rights during your probation revocation hearing.

The rules of evidence still apply in a probation revocation hearing, including how the State may use hearsay statements to prove that you are guilty of violating your probation if a witness is unavailable to testify to the facts that prove the violation.

In a recent Georgia Court of Appeals decision, Grimes v. State, the defendant was accused of violating the conditions of his probation in Henry County when he allegedly made violent contact with individuals he had been ordered to stay away from as a condition of his probation. Rather than calling the alleged victim to testify during the hearing, the State relied on the testimony of a responding police officer and the alleged victim’s 911 call to relay the information needed to prove that the defendant had violated his probation.

The Court of Appeals held that this testimony was hearsay and should not have been admitted during the hearing because it violated the defendant’s constitutional right to due process. The Court of Appeals instructed that the trial court should have, at a minimum, looked into the reasons for the alleged victim’s absence. Additionally, the Court of Appeals held that the hearsay testimony was not reliable because it did not fit into any of the exceptions to the hearsay rule.

If you are on probation and are being accused of violating the conditions of your probation, it is important to have an attorney by your side who understands the rules of the process. At W. Scott Smith, our attorneys specialize in protecting the constitutional rights of our clients. If you are facing a probation revocation hearing, call our office at 404-581-0999 for a free consultation.

Probation Revocation in Georgia

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Understanding Probation and Revocation

Most sentences in criminal cases involve a period on probation. Probation, while timely and expensive, allows you to serve your sentence in the outside world and not behind bars. The downside of this is if your probation officer alleges you violated a term of probation, he or she can petition for a probation revocation, which can land you in jail for a period of time, even up to the full amount left on your sentence.

A Word on Probation 

             Probation can come with a myriad of requirements that you must adhere to in order to steer clear from trouble in the courts. For example, the judge may order you to complete classes, fines, or pay restitution while on probation. The judge will also likely require you to stay away from alcohol and drugs.Another important term of probation is that you not commit any new crimes while on probation. 

What happens when probation is revoked?

             If the probation officer believes you have violated a term of your probation, they will draft a petition for probation revocation and issue a warrant for your arrest. A hearing is later held where the person accused will have the opportunity to essentially admit to the allegation for the purpose of the hearing, or to deny what the probation officer is alleging and have a hearing.In a hearing with this much on the line, it is imperative to have an attorney represent your interests.

Am I going back to jail?

             A probation revocation does not necessarily mean you are going back to jail, although it certainly can end that way. An experienced criminal defense attorney can potentially negotiate other options that do not involve jail. An attorney can also have a contested hearing when the allegations within the petition are denied. The standard of proof is lower in probation revocation hearings than in criminal trials. In a trial, the judge or jury has to find beyond a reasonable doubt that you are guilty. In a probation revocation, it is a preponderance of the evidence, which essentially means the judge has to find you ‘more likely than not’ violated your probation in the ways the officer is saying.

Find the right Attorney

             Having an attorney who is familiar with the playing field is key in these cases as it is imperative to be familiar with the judge, prosecutor, and probation officers involved. Having a pending probation revocation can be a frightening experience to go through, because of the time in jail that may be over your head going into it. A failed drug screen can land you in jail for months. Committing a new crime can land you back in jail for years. There is a lot on the line, but not all hope is lost. If you or a loved one is facing a probation revocation in Georgia, give us a call today at 404-581-0999 for a free consultation.

by Mary Agramonte

Can I Vote if I am a Felon in Georgia?

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Can I Vote? Good News!

If you are finished with your felony sentence, then yes, you are able to vote in the State of Georgia. Many people incorrectly believe that once they are convicted of a felony, their voting rights are gone forever.  The good news is that Georgia will allow you to regain your voting rights back! As soon as you are finished with your felony sentence,  your right to vote is automatically restored even if you have a felony on your record. You may vote so long as you are not in prison for a felony sentence, nor on probation or parole for a felony sentence. Once you are done with your probation or parole sentence, your ability to vote is automatically restored. There is no separate application process.

But what if I am in jail pending my trial date?

 If you are in jail awaiting your trial in a felony case, then you are eligible to vote.

What if I am currently on First Offender felony probation?

You should be able to vote given you are not serving time for a felony conviction. A first offender case is not a conviction unless the judge chooses to revoke your first offender status for a violation of terms.

General Information

To register to vote, you must be a United States citizen, be 18 years old, not be serving a sentence for a felony conviction, and have not been found mentally incompetent by a judge. For more information and to download a voter registration application, visit the Secretary of State’s website here: http://sos.ga.gov/index.php/Elections/register_to_vote