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  1. #1
    Join Date
    May 2015
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    1

    Default How Long Can a Court Take to Schedule a Probation Revocation Hearing

    My question involves criminal law for the state of: Canton, Georgia
    i wanted to know if there was a time limit on how long someone could sit in jail without have a revocation hearing and no sure he has even been charged with a violation of probation. He his been there almost 30 days and no court date or PO visit. Doesn't the state have to file charges in a certain period of time or can you be held indefinitely waiting.

    My friend was arrested on 4/7/15 for a probation warrant it's now 5/3/15 and his P.O. has not visited him yet and will not return phone calls. The public defenders office says that can't assign him a for the day attorney until the P.O visits or sets a court date. Can you help me locate a state law that can help him get out or force the court to add him for a hearing date. Legally how long does a PO have to either visit with an offer or assign inmates a court date. How long can they refuse to see him or not assign a revocation hearing in Cherokee county Georgia? Seems kind of unreasonable that it's been in jail almost 30 days and felony violation inmate are ready being set to court, this is a misdemeanor violation? Even the sheriff deputy's at the jail are saying this is bs and he should have been set a court date by now. Can he file a motion for a hearing?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Long Can a Court Take to Schedule a Probation Revocation Hearing

    If he truly has no information about his detention, he may seek a writ of habeas corpus.
    Quote Quoting OCGA Sec. 9-14-1. Who may seek writ
    (a) Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint.

    (b) Any person alleging that another person in whom for any cause he is interested is kept illegally from the custody of the applicant may seek a writ of habeas corpus to inquire into the legality of the restraint.

    (c) Any person restrained of his liberty as a result of a sentence imposed by any state court of record may seek a writ of habeas corpus to inquire into the legality of the restraint.
    Quote Quoting OCGA Sec. 9-14-6. Form of writ
    The writ of habeas corpus may be substantially as follows:

    Code:
                       IN THE ______ COURT OF ______ COUNTY                       
     
                                   STATE OF GEORGIA                                
     
       A.B.,                                  )
             Petitioner                       )
                                              )
                v.                            )      Civil action
                                              )
       C.D.,                                  )      File no.      
             Respondent                       )
     
     
                                 WRIT OF HABEAS CORPUS                             
    
       To C.D.:
          You are hereby commanded to produce the body of      , alleged to be 
       illegally detained by you, together with the cause of the detention, before 
       me on the ____ day of _____, ____, at __:__ _.M., then and there to be 
       disposed of as the law directs.
     
       Given under my hand and official signature, this _____ day of ____, ____.
                                                                     
                                                                    ________________
                                                                     Judge
    See OCGA Sec. 19-14-1 et seq.

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