Legal Question in Criminal Law in Georgia

myrna City Marshal cited me for Code Compliance violation; pre-trial agreement on January 11, 2017,with Smyrna Prosecutor, Tim Williams, he said he would ask Judge for 12 month probation for the explicit purpose of allowing me time to perform the work needed on my house, where he said "you have a lot of work to do here" and "I'm going to ask for 12 month probation to allow you time to do this work". Judge granted 12 month probation without discussion in court with Prosecutor. Having begun probation & starting to do repairs & other actions considered in violation, Judge Pugh feels that I am not working fast enough despite my statements that I have experienced financial hardship & serves notice to withdraw probation & to throw me in jail if I am not in compliance by March 24, 2017. I am trying my best to be in compliance, but the expense of replacing roof & gutters is not an expense that I can pay out of pocket or with credit cards. If the judge does this, is he violating the plea agreement? If your answer is yes, what options/appeals/motions might be available to me?


Asked on 3/23/17, 11:04 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It was extremely foolish foryou to post this level of detail on the public internet where police and the prosecutor can and likely will see it. Details of legal strategy should be discussed in private with your lawyer (it's probably too late to get LawGuru to pull your post, but ask). Noone who has not seen your case file and plea agreement can answer you but probation revocation is serious and you're facing jail. Prior to your court date, do what your lawyer tells you to do; you usually can't appeal probation revocation.

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Answered on 3/25/17, 2:05 pm


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