Legal Question in Criminal Law in Georgia

Probation Violation

Recently, my son has had his probation revoked in the State of Georgia. There wasn�t council afforded him prior to or at his sentencing. Not only had my son filled out, and submitted one (1) but two (2) requests for an attorney to be appointed to him. He also informed his probation officer no one from the Circuit Defenders Office had came to interview him. I only learn of this injustice after the 30 day had passed. I immediately contacted the Circuit Defender's Office in Marietta, Georgia, to see if they could do anything about this because Council was not afforded me. The circuit defenders office informed me, there wasn't anything they could do, because the case has already been closed. I am a disable quadriplegic, single parent with no resources, trying to look out for my son in Georgia. Can someone help me; help my son, in this matter? Or is there anything that can he done?


Asked on 4/30/06, 11:47 pm

1 Answer from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: Probation Violation

If your son financially qualified for a PD is the first question. Was he ever appointed one by the court? Just making an application does not guarentee an appointment.

If he was appointed one but not represented, then he has a right to reopen the case under Alabama v. Shelton (U.S. Supreme Court). You need to contact the court or public defender's office to find out.

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Answered on 5/01/06, 7:21 am


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