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  1. #1

    Default Can You Get Credit for Time Served on an Unrelated Charge

    My question involves criminal law for the state of: Georgia.
    A person on probation out of GA has the case transferred to SC, then violates probation by not paying restitution or seeing the PO. GA issues an extriditable warrant but is not able to locate him. This person commits a new felony in SC, is convicted, and serves time, then is transferred to GA to face the probation violation. GA finds him guilty of probation violation. Can the judge give him credit for the time served in SC even though the charge in SC was in no way related to the charge and probation in GA?

  2. #2
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    Default Re: Can You Get Credit for Time Served on an Unrelated Charge

    Could he? Sure. Must he? No. He doesn't have to sentence him to anything for the probation violation for that matter.

  3. #3
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    Default Re: Can You Get Credit for Time Served on an Unrelated Charge

    This is a fact-specific question that the person should discuss with his lawyer.

    Georgia seems disinclined to provide credit for time served to fugitives from justice, but that's not the end of the story. If, for example, the defendant promptly and properly informed the Georgia jurisdiction that he was incarcerated in South Carolina and wanted to be brought back to Georgia to resolve the probation warrant, the defendant may be able to contend that he should get credit for time served from that point forward, based upon the fact that he had done all that he could do to surrender himself on the charge and to get before a Georgia court. If, on the other hand, Georgia was completely unaware of his incarceration in South Carolina until it was time for his release, with South Carolina finding out about the warrant and informing Georgia of his presence in a South Carolina prison at that time, it probably won't happen.

    We don't have the necessary facts to answer the question and, even if we did, it's still a question best asked of his lawyer.

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