Legal Question in Criminal Law in Georgia
My boyfriend was released on October 6, 2010 after being
charged with violation of probation due to non-
reporting.After completing nearly 3 months in county jail
he was sent to court where judge sentenced him for 1yr
probation for failure to report even though he had not
incurred any new charges since initial sentence. He was
instructed to report to the probation office for assignment
and to check in within 48 hours of release. On Oct 8, 2010
he followed court instuctions and went to probation office
for additional instructions. When he arrived his assigned
probation officer was not in therefore he was assisted by
the supervisor which upon review of his file and since he
had not obtained any additional charges since 2007 made the
decision to release him from probation obligation and
advised he was free and to "have a great life". My boyfriend asked the supervisor if he was correct and if any documentation needed to be signed or provided to him indicating his decision. The supervisor responded no he would take of everything.However 3
weeks has passed when his assigned PO left a message
stating the supervisor was incorrect and he was still on
probation. The po then threatened to submit a warrant for
his arrest since offender was aware of obligations .
However my boyfriend informed supervisor of court order and
why he was there but supervisor stated he did not see any reason to keep hin on probation since it was a failure to report and no other chargers had been obtained. When I spoke with supervisor concerning his statement his reply was it was friday and
file had not been updated and assigned po did not update
file according to procedures and basically stated it was my
boyfriend fault for not following correct procedures and since he was aware of judge sentence still has to report I explained to him that due to information he provided he accepted a job which required him to travel outside of ga. He then proceeded to stated po can issue warrant for leaving state without approval.
1 Answer from Attorneys
Those are issues your boyfriend should address to his lawyer, not a website, if avoiding prison and having a future are important.
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