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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Question Probation While on Parole

    My question involves criminal law for the state of: Georgia

    My brother was given a 10 years serve six year sentence in county A,
    He was also given a 10 years to serve in county B,
    County A would not start his remaining 4 years on his county A sentence until he was released from his County B sentence. Both sentences were concurrent
    also under OCGA 17-1-1(4)
    4) In cases of imprisonment followed by probation, the sentence shall specifically provide that the period of probation shall not begin until the defendant has completed service of the confinement portion of the sentence. No revocation of any part of a probated sentence shall be effective while a defendant is in the legal custody of the State Board of Pardons and Paroles.
    He thought that when his 10 year sentence(County B) was over that it overode his County B sentence since it was longer? He is disabled and now they want to revoke the remaning 4 years and it doesn't seem fair.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Probation While on Parole

    You are stating that six years into his first sentence, he committed a new crime resulting in a new sentence for that separate, new crime. You are stating that under the terms of his original sentence, the remaining four years of his initial sentence don't start to run until after he completes his entire new sentence. So whether or not you think it's fair, none of this would have been a surprise to him - it's what his sentence was.

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