{"id":372788,"date":"2016-10-04T15:16:10","date_gmt":"2016-10-04T20:16:10","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-probation-laws.html"},"modified":"2025-03-25T15:41:48","modified_gmt":"2025-03-25T20:41:48","slug":"georgia-probation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-probation-laws.html","title":{"rendered":"Georgia Probation Laws"},"content":{"rendered":"\n
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Georgia Probation Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Probation in Georgia provides a method of punishing those convicted of a crime without the cost of incarceration. Probation<\/a> lets the probationer remain in society, keep their job, attend school, and complete court-ordered therapy or substance abuse treatment programs.<\/p>\r\n

Probation also relieves some of the financial burden on the state of Georgia. Incarceration is expensive. Most misdemeanor cases and many non-violent felonies do not need intensive confinement. Probation laws<\/a> free up jail and prison space for those who need incarceration and give those who do not show they deserve a second chance.<\/p>\r\n

Probation and parole are different. After conviction or pleading guilty, a defendant gets a probation sentence instead of jail. Parole<\/a> happens after someone has served part of their sentence and gets early release with special conditions.<\/p>\r\n

Types of Probation in Georgia<\/b><\/h2>\r\n

The purpose of probation<\/a> is to help people stay out of prison. The burden is on the probationer to prove they want to stay out. Probation is a privilege, not a right, in Georgia. Your attorney and pretrial services determine whether you qualify under Georgia probation laws.<\/p>\r\n

First Offender Act<\/b><\/h3>\r\n

Georgia’s First Offender Act (OCGA \u00a7 42-8-60<\/a>) allows judges discretion when sentencing a defendant convicted of a felony. Before a final adjudication, the judge may place the defendant on felony probation and defer a final ruling until the defendant completes probation.<\/p>\r\n

If the defendant completes probation<\/a>, the judge discharges the sentence and clears the defendant’s record. If they violate during the term of probation, they must complete the sentence as prescribed by law.<\/p>\r\n

Violent felonies, sexual crimes, and DUIs are not eligible<\/a> for the First Offender Act. Anyone convicted of any previous felony in any state cannot request diversion under the law.<\/p>\r\n

Misdemeanor Probation<\/b><\/h3>\r\n

Most misdemeanor defendants get probation. Misdemeanor probation<\/a> is typically 12 months, although courts may sentence offenders to as many as five years under Georgia law. Misdemeanor offenders usually get unsupervised probation.<\/p>\r\n

Felony Probation<\/b><\/h3>\r\n

Felony probation generally begins as supervised probation for at least the first six months. If probationers follow all requirements, they may ask their probation officer<\/a> to move them to unsupervised probation.<\/p>\r\n

Early Termination<\/b><\/h3>\r\n

In 2021, Georgia lawmakers passed new legislation allowing felony probationers to apply for early termination of their sentences<\/a>. To qualify, probationers must have served at least three years of their probation and:<\/p>\r\n