Modification or Termination of Probation in Georgia

Many people who get sentenced to a significant amount of time on probation ultimately are looking for a way to move on with their lives and avoid probation fees or dealing with their probation officer, especially if they have already completed the terms of their sentence.

Pursuant to O.C.G.A. § 42-8-34 (g), the sentencing Judge is empowered to modify or change the probated sentence at any time during the period of time prescribed for the probated sentence to run. The term of the sentence, however, cannot be modified beyond a year from when it was imposed (O.C.G.A. § 17-10-1(f)).

So the time of the sentence is something that cannot be modified beyond a year of when it is issued. Conditions of probation, such as no contact and stay away orders, counseling and rehabilitation services, and curfews, are all things that can be modified at any time. So can the reporting requirement of probation, or even probation itself.

Finally, probation supervision should end after 2 years unless there are still conditions to be met. See O.C.G.A. § 17-10-1, which states, "probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving the collection of fines, restitution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs."

If you need have further questions regarding your probation, feel free to contact The Law Office of Kyle H. Jarzmik, LLC.