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Probation hold lifted?
Anonymous10 views4 answers
My bf is on probation and picked up a new charge. He told his PO right away and was told to turn himself in so he did. My guess is he is on a probation hold until the revocation hearing. Can he hire an attorney to get the hold lifted and out of jail and have the revocation hearing delayed until the new charges are tried in court?
If your bf has a probation hold, a judge would likely be reluctant to release him without good reason, incl. whether he would be a threat re: fleeing, whether he has sufficient ties to the community, etc., and generally a hold is not likely going to be lifted without the OK of the entity or person placing that hold on the inmate. Also, the State would likely want to deal with the probation revocation hearing before the resolution of the new charges, depending in part on how long it may take to resolve the new charges, because the State would want to resolve the probation issue as soon as reasonably possible. Regardless of whether your bf can get released re: the probation issue, I advise that he hire a criminal defense attorney or apply for a public defender as soon as possible; depending on the facts, a resolution that takes care of everything may be reached. Good luck.
The answer to all of your questions is "maybe." While no lawyer can guarantee any outcome, hiring a lawyer would put your bf in the best position to get the outcome he wants.
Every court within Georgia can handle probation revocations differently. If your bf is on Bibb County probation and in Bibb County jail, then he is in a little better position than if he is one of the counties that touch on Bibb (like Jones, Houston, etc.). Bibb County Judges will consider releasing a probationer until he/ she is scheduled for a hearing on his/her violation and/or new charges if that probationer had been doing well on probation except for the new charges. An attorney or public defender has to file a Motion to get the matter heard. If your bf is in a court other than the Macon Judicial Circuit, then he faces a greater possibility of sitting in jail until a hearing on the probation violation and/or new charges.