Supervised Probation Shall Not Lawfully Last More Than 2 Years in Georgia

Probation, Criminal defense

Active probation supervision shall be lawful for no longer than two years in GA. Included herein is the applicable statute and case law to support a motion to terminate supervised probation that has unlawfully exceeded two years in GA. Sadly, unlawfully lengthy supervised probation is common in GA.

O.C.G.A. * l 7-10-l(a)(2), Defendant's active probation supervision shall terminate if:
Defendant's active probation supervision was neither "specially extended", nor was it "reinstated by the sentencing court upon notice and hearing and for good cause shown." O.C.G.A. * 17-10-
l(a)(2). --> This is rarely the case!

Exceptions that might lawfully allow the extension of Probation Supervision
"Collection of fines, restitution, or other funds" is applicable and has not been completed.

"A conviction under Chapter 15 of Title 16, the "Georgia Street Gang Terrorism and Prevention Act." O.C.G.A. * l 7-10-l(a)(2) allows probation supervision to extend beyond two years.

Additional resources provided by the author
A couple of cases drive this point home:


The Court of Appeals of Georgia in Humphrey v. State, 301 Ga. App. 877, 879 (2009) interpreted O.C.G.A. § 17-10-1 (a)(2) stating that "As is made plain by the statute's specific language, supervision of probation ... terminates after two years unless other....

Out of room for a post.... call if you have any questions!