Legal Question in DUI Law in Georgia

How can a probation officer keep you in jail for 35 days on a 1st time probation violation when Georgia law requires you to appear in front of a judge within 30 days?

Asked on 3/06/15, 6:01 am

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

When you are placed on probation, you are actually given a sentence of 12 years, but are allowed to serve it on probation rather than in jail. If you are accused of violating probation, you will stay in jail until the probation officer chooses or is forced to bring the matter before the judge for a hearing on the violation. Depending on the violation, the probation officer may ask you so sign a waiver of a hearing in exchange for serving the time you have already served. You need a lawyer to review the case and, if appropriate, get the matter on the first available hearing calendar to force the probation officer to act.

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Answered on 3/06/15, 6:42 am

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