Georgia Statutes
§ 42-8-38 — Arrest or graduated sanctions for probationers violating terms; hearing; disposition of charge; procedure when probation revoked in county other than that of conviction
Georgia § 42-8-38
JurisdictionGeorgia
Title42
This text of Georgia § 42-8-38 (Arrest or graduated sanctions for probationers violating terms; hearing; disposition of charge; procedure when probation revoked in county other than that of conviction) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 42-8-38 (2026).
Text
(a)Whenever, within the period of probation, an officer believes that a probationer under his or her supervision has violated the terms of probation in a material respect, if graduated sanctions have been made a condition of probation by the court, the officer may impose graduated sanctions as set forth in Code Section 42-8-23 to address the specific conduct leading to such violation or, if the circumstances warrant, may arrest the probationer without warrant, wherever found, and return the probationer to the court granting the probation or, if under supervision in a county or judicial circuit other than that of conviction, to a court of equivalent original criminal jurisdiction within the county wherein the probationer resides for purposes of supervision. Any officer authorized by law to
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Related
Sanders v. State
721 S.E.2d 834 (Supreme Court of Georgia, 2012)
Hicks v. McGee
713 S.E.2d 841 (Supreme Court of Georgia, 2011)
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495 S.E.2d 1 (Supreme Court of Georgia, 1998)
Jones v. State
653 S.E.2d 456 (Supreme Court of Georgia, 2007)
Chandler v. State
364 S.E.2d 273 (Supreme Court of Georgia, 1988)
State v. Jones
397 S.E.2d 209 (Court of Appeals of Georgia, 1990)
Wolcott v. State
604 S.E.2d 478 (Supreme Court of Georgia, 2004)
Battle v. State
333 S.E.2d 599 (Supreme Court of Georgia, 1985)
Hayes v. State
308 S.E.2d 227 (Court of Appeals of Georgia, 1983)
Franklin v. State
512 S.E.2d 304 (Court of Appeals of Georgia, 1999)
Carlson v. State
634 S.E.2d 410 (Court of Appeals of Georgia, 2006)
Lawrence v. State
492 S.E.2d 727 (Court of Appeals of Georgia, 1997)
Williams v. State
557 S.E.2d 473 (Court of Appeals of Georgia, 2001)
Mann v. State
603 S.E.2d 283 (Supreme Court of Georgia, 2004)
Tallant v. State
369 S.E.2d 789 (Court of Appeals of Georgia, 1988)
Howard v. State
902 S.E.2d 551 (Supreme Court of Georgia, 2024)
Mohammed v. State
486 S.E.2d 652 (Court of Appeals of Georgia, 1997)
Johnson v. Boyington
541 S.E.2d 355 (Supreme Court of Georgia, 2001)
Bowen v. State
531 S.E.2d 104 (Court of Appeals of Georgia, 2000)
Evans v. State
734 S.E.2d 527 (Court of Appeals of Georgia, 2012)
Legislative History
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015. Amended by 2012 Ga. Laws 709,§ VII-7-11, eff. 7/1/2012.
Nearby Sections
15
§ 42-1-1
Definitions§ 42-1-10
Preliminary urine screen drug tests§ 42-1-11-5
Compliance with immigration detainer notices§ 42-1-12
State Sexual Offender RegistryCite This Page — Counsel Stack
Bluebook (online)
Georgia § 42-8-38, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/42-8-38.