My question involves criminal law for the state of: Georgia
My husband is on felony probation and was arrested July 9th for a domestic dispute. We live in one county and his probation is overseen by another. His first court date on July 21st in the county in which we live resulted in a disorderly conduct misdemeanor charge, 1 year probation, $500 fine, community service and anger management. He was to be released from jail that day, but found out that the other county which oversees his probation then put a hold on his release and he was extradited to that county.
His probation officer there requested that he sign a 90 day waiver, saying he would at least get credit for time served since his extradition on July 21st and possibly a 2 for 1 deal by the jail. Now that all is said and done and the judge has signed the waiver, the jail say's it was up to the P.O. and the judge to stipulate any credit for time served and that by law they can't give him credit, or a 2 for 1 deal.
Since his first court date for probation revocation was July 21st, even though it was in another county, shouldn't he at least get credit from that day?
His scheduled release date is now Nov 21st and even though we have extenuating circumstances, as in we are scheduled to have a baby by c-section on Oct 8th, they will not budge on his release date.
What is the law concerning credit for time served from his original court date and what can we do about this now that the waiver has been signed?