Legal Question in Criminal Law in Georgia

My boyfriend was pulled over while he was driving because his tail light was out. The police said they smelt something and asked if he had anything on him, he said no. They ended up searching him and he had less than a gram of marijuana on him. He was arrested and spent the night in jail and was bailed out the next day. He then was supposed to be on probation for 6 months, complete a number of drug classes and do community service. In December he failed a drug test, and had such a small trace amount of THC. His probation officer said he would be going back to court in January and the court would decide where to go from here. He met with her again in January before his court date and she told him the date was moved until February 7. Then 3 days ago police busted into his house without knocking or anything and pointed guns at him and said there was a warrant for his arrest because he violated probation (failing a drug test). His probation officer didn't even have the decency to tell him that he was going to be arrest and held in jail until his court date. Now he is in jail waiting for his probation officer to meet with him and tell him when his new court date will be. When he was first brought into jail a police officer stuck him in a holding cell for over 12 hours. Someone finally came in and let him out, and when that person found out how long he was left in there he was mad. I feel like he got screwed over with everything that has happened. When the new court date happens, more than likely 2 different things could happen, he could have to stay in jail for a few months and after he is released he will be off probation, or he will get out of jail after court and his probation will be extended and more things will be added onto it.I feel like the court took advantage of him and now the police are too. I wonder if there is anything you think an attorney would be able to do to help him, and If there is anything they did wrong that they could be held responcible for. They searched his car without a warrant, they busted into his house without any respect or curtacy, and they kept him in a holding cell for too long neglecting him.


Asked on 1/28/11, 12:37 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If your boyfriend wants answers to these questions, he obviously needs a lawyer. If you want to live a life of constant threats of warrants, arrests, searches of the house, etc., you'll stick with a boyfriend who has these issues.

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Answered on 1/28/11, 1:02 pm


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