Legal Question in Criminal Law in Georgia

Probation Violation

My brother pled guilty to a charge he didn't commit to get the case over with (advice from his attorney also) and was placed on probation under the First Offender's. He received a DUI charge later and was placed on probation for that as well. He completed the Dui charge successfully and was given permission from the Judge(DUI case) to relocate due to bad circumstances. He is now being charged with violation of probation from the first case w/o bond. What is the likely outcome of this situation? Will it be possible for him to receive a bond? He was not running from the situation because they knew where he was the entire time. He is also under serious medical care at this time.

Advice Please????


Asked on 2/03/04, 12:26 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Probation Violation

The likely outcome of the case depends on a number of factors. Recently, I have noticed that sentences to probation carry a condition that you not violate any laws of the State, United States or any other governmental unit. This has always been the case. However, the probation goes further to say that if the probationer is charged with a crime, he must report it to his probation officer within a certain period of time.

The DUI is a violation of his prior probation. The fact that he was given probation for the DUI does not negate this fact. It would be helpful to know if he reported the new charges.

The fact that he tendered a plea on advice of counsel, and that he maintains his innocense as to the first charge is not too relevant as far as the law is concerned.

Does he have a substance abuse problem? Sometimes, I think it can work to the advantage of a defendant in a probation revocation setting.

Good luck. I'm sorry I could not be more specific. I would need to know a lot more of the facts.

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Answered on 2/03/04, 8:53 pm


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