Legal Question in Criminal Law in Georgia

probation question

My daughter is 18 and had a charge of filing a false report against her last summer. She was placed on probation. While on probation, she had another charge of misdemeanor marijuana possession. The possession charge will be dismissed upon completion of a deferral program, which she had almost completed. However, she was taken into custody yesterday for violation of probation and will remain incarcerated for the next two and half weeks until she can go before a judge who will decide whether she will have to serve the rest of her probation in jail (which would be until June). It is of utmost importance that she not have to remain in jail for the next 4 months. I think she will qualify for a public defender since she was a student and was not employed, therefore not having any income. Will the public defender be enough to convince the judge to allow her to continue serving the rest of her probation at home and not in jail? I am unsure of what should be my next step, if any, in order to help her. Would you advise other counsel?


Asked on 2/04/09, 10:41 am

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

Re: probation question

There's no way to answer your question without far more information. But usually, when people commit crimes on probation they can expect to have their probation revoked and go to jail. That's the expected and normal consequence, and you cannot fix your daughter's choice to commit additional crimes. Public defenders tend to be good lawyers but they are underfunded and overworked, so you might want to discuss this with private counsel to get a second opinion (my office does not take this type case).

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Answered on 2/04/09, 12:06 pm


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