Probation Revoked in Georgia? You Now Get Credit for Time Served (HB 535)

Q: Do I get credit for time served if my probation is revoked in Georgia?

Yes. Under HB 535 (O.C.G.A. 42-8-38), effective July 1, 2026, a court revoking probation must give full credit for time already served in confinement since the date of the violation.

Here’s a change that matters if you or someone you love is on probation in Georgia. A new law, HB 535, fixes a problem that used to cost people months of their lives — and it also reshaped how the state punishes fentanyl trafficking. Here’s what both parts actually do.

If your probation is revoked, you now get credit for time already served (HB 535)

This is the part that helps everyday people the most. Under HB 535 (O.C.G.A. § 42-8-38), when a court revokes probation, you must receive full credit for the time you already served in confinement since the date of the violation. In plain terms: time you’ve already sat in jail while your revocation was pending counts against what you owe. You don’t serve it twice.

That sounds obvious, but it wasn’t always applied consistently — and for someone sitting in custody waiting on a revocation hearing, those days add up fast. This change took effect July 1, 2026.

Time you’ve already sat is time you shouldn’t have to sit twice. Georgia finally put that in writing.

Fentanyl trafficking penalties got tougher — with one important exception

The same law rewrote the penalties for trafficking fentanyl (O.C.G.A. § 16-13-31). It sets steep, weight-based mandatory minimums — starting at 10 years and a $75,000 fine for smaller amounts and climbing sharply from there — and it caps fentanyl trafficking sentences at 40 years (other drug trafficking at 30). If you’re facing a trafficking charge, the exposure is serious and worth taking seriously from day one.

But there’s an important counterweight built into the law. A judge is given room to sentence below the mandatory minimum when specific factors are present — for example, when the person wasn’t a leader in the offense, didn’t use a weapon, didn’t cause a death or serious injury, and has no prior felony conviction. That discretion is exactly the kind of thing a strong defense builds a case around.

What this means for you

Two very different situations, one law. If you’re dealing with a probation violation, the credit-for-time-served rule can meaningfully shorten what you’re facing — and it’s worth making sure the court applies it correctly. If you’re facing a drug trafficking charge, the stakes are high, but the mandatory minimum isn’t always the end of the story.

How we help

Whether it’s a probation revocation or a serious drug charge, we can walk you through exactly where you stand, make sure you get every day of credit you’re owed, and fight for every avenue the law allows — in plain English, no judgment. We handle these cases across Cobb, Cherokee, Paulding, and the surrounding counties.

Call us at 770-693-4357 for a free consultation, or reach out through our contact page.

Common Questions

Do I get credit for time served if my probation is revoked in Georgia?
Yes. Under HB 535 (O.C.G.A. § 42-8-38), effective July 1, 2026, a court revoking probation must give you full credit for time already served in confinement since the date of the violation.

When did this take effect?
The probation credit-for-time-served change took effect July 1, 2026. The fentanyl trafficking sentencing changes took effect on the Governor’s signature in 2026 and apply to offenses committed on or after that date.

Did Georgia change fentanyl trafficking penalties?
Yes. HB 535 set weight-based mandatory minimums for fentanyl trafficking (starting at 10 years and a $75,000 fine) and capped sentences at 40 years, while also clarifying when a judge may sentence below the mandatory minimum.

This post is general information about Georgia law, not legal advice, and doesn’t create an attorney-client relationship. Laws change and every case is different — if you’re facing a probation violation or a drug charge, please talk to a lawyer about your specific situation. MM Criminal Defense, LLC · 770-693-4357.