Georgia Probation Laws

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

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 free up jail and prison space for those who need incarceration and give those who do not show they deserve a second chance.

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

Types of Probation in Georgia

The purpose of probation 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.

First Offender Act

Georgia’s First Offender Act (OCGA § 42-8-60) 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.

If the defendant completes probation, 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.

Violent felonies, sexual crimes, and DUIs are not eligible for the First Offender Act. Anyone convicted of any previous felony in any state cannot request diversion under the law.

Misdemeanor Probation

Most misdemeanor defendants get probation. Misdemeanor probation is typically 12 months, although courts may sentence offenders to as many as five years under Georgia law. Misdemeanor offenders usually get unsupervised probation.

Felony Probation

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 to move them to unsupervised probation.

Early Termination

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

• Have no new arrests (other than minor traffic offenses)
• Have no probation revocations in the last two years
• Paid all financial obligations, restitution, and court fees

Terms and Conditions of Probation

Probation is not easy. Probationers can expect to perform community service, undergo regular drug testing, and report everything they do to their probation officer. But, they’re not in jail.

Georgia’s probation statute (OCGA § 42-8-35) lists all the terms and conditions probationers must obey to avoid getting violated and sent back to jail or prison. They include:

• Regular reporting and home visits. Their PO may conduct surprise visits at their home or workplace to see what they’re doing.
• Maintain suitable employment "to the extent possible." Probationers must seek gainful employment and report their efforts to find work.
• Avoid violating state, local, and federal laws and more arrests. Most probationers must report all contacts with law enforcement, no matter how slight.
• Repay or attempt to repay all court costs, probation supervision fees, court-ordered restitution, and other costs. Pay all child support and dependent support as ordered.
• Avoid contact with other felons. The court may order a tether or tracking device to ensure the probationer stays away from known gang areas or drug houses.

Felons and those on supervised probation can’t leave the state. On unsupervised probation, you may need to waive extradition before you’re allowed to leave Georgia, meaning the state can get you back without legal restrictions.

You won’t necessarily go to prison or jail over a few alleged violations. For instance, suppose you miss a scheduled drug screening because you were partying over the weekend. Your PO might call you in for a meeting and a discussion of what you were up to. Instead of jail time, your PO may suggest more restrictions (or "sanctions"). Agreeing is part of your probation requirements.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Related Resources

To find more information on Georgia probation laws, check the following links:

• Probation
• Probation FAQ
• Probation Violation

Get Legal Advice From a Georgia Criminal Defense Lawyer

Probation helps you stay out of jail. You need an attorney to work with you, the prosecutor, and the Department of Community Supervision to get terms you can manage. If you or a loved one are facing trial and possible probation, get legal advice from an experienced Georgia criminal defense attorney right away.