My question involves criminal law for the state of:Georgia
My friend was sentenced to 3 yrs. probation , 100 hrs of community svc.,
and had to pay a fine. this was in 2004. They paid the fine but did not
do the community svc. and stopped reporting. A warrant was issued in
Oct. 2005 and a "tolling order" was issued in Dec. 2005. Nothing was done
about the warrant (police didn't try to serve the warrant) . The 3 yrs.
was over in Aug. 2007. In April 2008 the police ran the name during
a routine traffic and it came back that there was a warrant issued in
2005 and they were arrested for prob. violation and are currently in
jail. They have been assigned a new P.O. and met with him 2 days after
being put in jail. During this meeting they were told that they could opt
for a court date and go before the judge or sign a paper agreeing to do
30 days in leiu of the community svc. and upon release be placed on
non reporting probation. My friend agreed and signed the paper to do the
30 days. When the original P.O. heard about this he said that it was wrong
and they would be back on reporting probation indefinitly. Can he do this?