Legal Question in Criminal Law in Georgia

My son was charged with a felon assault charge in GA but the sentence was reduced to misdemeanor in Mar 2015. He has since (Jul 2016) violated his probation with a DUI charge and a probation revocation hearing was held this past Friday. The probation revocation hearing was held in front of the felony Judge rather than the misdemeanor Judge who revoked the rest of his probation. My question is whether this was proper procedure for his probation revocation to go before the felony court rather than the misdemeanor court.


Asked on 10/08/16, 9:07 pm

2 Answers from Attorneys
Ralph Villani VILLANI LAW FIRM

In order to answer your question (there may be other questions that need to be addressed, also) about your son's violation of probation ("VOP"):

(1) I need to see all of the sentencing paperwork from March, 2015 (your son's original sentence);

(2) I need to see the all of the VOP paperwork (the papers filed by your son's probation officer and any documents which tolled the running of his probation sentence);

(3) I need to see the all of the paperwork on his new DUI charge (citation, accusation, etc); and,

(4) I need to see the all of sentencing paperwork due to the VOP (should be an oder by the Judge written at the bottom of the VOP paperwork filed by your son's probation officer); and,

(5) I need to see the transcripts of the original sentencing hearing in March 2015 and of the VOP hearing on October 7, 2016, if there were any.

My FAX# is: 770.979.5190 - please put all of your contact information on the FAX cover sheet

Plus:

If your son was incarcerated, I need to know where and for how long.

Ralph

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Answered on 10/09/16, 3:29 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Your son needs to do now what should have been done long ago - get a good criminal lawyer. Ask for referrals from other lawyers in your area. Do not respond to solicitations from this or any other website to call or send information.

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Answered on 10/10/16, 7:38 am


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