Legal Question in Criminal Law in Georgia

My son has been incarcerated since May 25, 2010 in Gwinnett county on a shoplifting charge. He does have prior convictions for same offense, and was, in fact, on probation. His probation officer has said that, unless convicted of this charge, he has done the time he would get for the technical violation of not reporting. As yet he has no court date, has not been indicted, and has had no bond hearing at all. The DAs response as to why there is no bond is that he has prior convictions. Is this correct - I was under the impression that there should have been a bond hearing, at least.


Asked on 2/17/11, 9:34 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You should be asking these questions to his lawyer (and certainly should NOT be talking to his PO or DA, who are on the other side of the case). Obviously you would have gotten him a lawyer by now. So call him, and stop potentially harming the case by talking to the prosecutor and PO.

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Answered on 2/17/11, 9:43 am
Lawrence Lewis Lawrence Lewis, P.C.

Your son has not had a bond hearing because his attorney has not insisted on having a bond hearing. Of course, the attorney's rationale is: why have a bond hearing if there is a probation hold, because he cannot get out anyway. Now that the probation has expired , if it has in fact expired (you are just believing what the probation officer tells you), the attorney can request a hearing with the hope that the judge grants a bond. If the probation officer just told you anything to get you off of the phone, then your lived one may not able to get out of jail, even with a bond (because there is still a probation hold). Good luck.

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Answered on 2/17/11, 11:02 am


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