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  1. #1
    Join Date
    May 2009
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    1

    Default Probation Violation - Domestic Dispute Case

    My question involves criminal law for the state of: Georgia

    A friend was recently arrested for violation of probation. He was originally placed on probation for a misdemeanor domestic dispute with his then girlfriend and child's mother. Both of them were originally arrested for fighting in front of the child and bruising one another. Both were ordered to take domestic and parenting classes. She did, he did not. The judge that ordered these classes agreed to drop charges once classes were fulfilled. Her charges were all completely charged, he was placed on probation and ordered to complete classes and the charges would stick, regardless. The probation term was set for 1 year, that year has passed and he has not reported to his probation officer nor has he taken ANY of the classes.

    My question is, can he be sentenced to jail time? The probation officer in his case has put him on the calendar for probation court in two weeks and has stated that he will not be released on this day. Will my friend get another chance to prove he can follow the rules even though he has ignored authority twice? How can probation be "revoked" if the probation term has passed. We have heard from the probation officer that he can possibly serve five months.

    Unfortunately, my friend cannot afford a private lawyer and is seeking the assistance of a public defender.

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

    Default Re: Probation Violation - Domestic Dispute Case

    Yes, he can be sentenced to jail time. Given that he has shown no respect for the judge and no appreciation for the two breaks he's received to date, I suggest that he take his toothbrush with him to court. He has not been discharged from probation, and he violated his probation so he can be resentenced.

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