How do I protest or challenge a parole or probation condition?
If you are on probation or parole in Georgia and you feel that one or more of the conditions of your probation or parole is unfair or illegal, your first step should be to speak directly to your probation or parole officer. Explain to the officer why you feel that the condition(s) are unreasonable, and ask for a change or waiver. You may also ask for an appeal to the court if your request is denied. If the issue is not resolved through your communication with your parole or probation officer, you may file a motion for administrative review with the court that sentenced you. The motion should include not only the condition(s) you are challenging, but the reasons why you are challenging them. If the court declines to change any of the terms of your conditional release, you may appeal its decision by filing a notice with the court. The appeal must be filed within 14 days of when you received the court’s decision. Finally, if the court upholds its original decision, you may appeal again to the Georgia Court of Appeals. At this point, you should consult an attorney to advise you on your legal rights and to craft a strong argument to support your appeal.
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