Legal Question in Criminal Law in Georgia

My brother violated his felony probation back in 2000 by leaving the state and moving to Colorado and not paying his fine. Can he be expedited back to GA for violating his probation if he is stopped by the police in Colorado or anywhere for that matter? And what are his options if he wants to move back to GA? Since it has been over 10 years since he violated his probation, what are the odds of him having to serve the remaining yrs of his sentence in jail?

More info:

Charged with Felony Burglary in 2000

Got 1st Offender's - Sentenced to 5 yrs, served 1 with rest on probation and pay a fine w/200 hrs of community service


Asked on 12/08/10, 5:33 pm

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Yes, he can be extradited back to Georgia for violating his probation. He has only one option -- he needs to hire a Georgia criminal defense attorney to try and resolve the his probation situation, especially if he wants to move back to Georgia.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 12/13/10, 5:46 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your brother can be arrested at any time and extradited. No one can predict his odds except to say that the longer he remains a wanted fugitive the more likely a jail sentence becomes. He should immediately retain a good lawyer who will advise him to turn himself in and will then work to cut the best deal he can. Every day he waits worsens his "odds" if that is what you were asking.

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Answered on 12/13/10, 5:47 pm
Lawrence Lewis Lawrence Lewis, P.C.

Let's be real. After ten years he is not going to just turn himself in to start doing jail time. So, he will run until the probation warrant catches up to him. When he is caught (usually the most inconvenient time) he will be extradited from where ever he is located. He is going to do jailtime for the violation of probation. The only question is how much. That depends on his record and the judge's disposition.

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Answered on 12/14/10, 4:40 am


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