Legal Question in Wills and Trusts in Georgia

My friend is on probation currently for a DUI that happened in Nov 2009. The probation period is for 12 months and was violated in July of 2010 due to non reporting. This was due to him going through depression of having no job, no car, no money, and suddenly loosing vision in one of his eye and no health insurance to get the help he needed. After find a job and saving money, he wanted to turn himself in, pay the fine, and just do the time in jail he knew he would be facing. But before he could, he was arrested in a different city from the DUI for disorderly conduct and put in jail then transfered to the county where he he had warrant out for violating his probabtion. He paid the fine, he served the 2 weeks in jail, and went to court where the judge allowed him to leave jail and finish up the probation. His first instruction was to report within 72 hrs to his probation officer. So he went and they gave him a drug test. He tested positive for THC and now they are giving him 24hrs to turn himself in. He smoked prior to going to jail 2 weeks ago and has sworn that he had not done anything when he got out. Is it possible for him to get out of jail for violation of probation and then be put back in for what he had done wrong prior to being violated? He has not done anything wrong to violate his probation in 72 hours. Can the probation officer do this?

Asked on 3/24/11, 10:26 am

2 Answers from Attorneys

Rachel Hunter

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What does this have to do with probate, trusts, wills and estates? Probate involves wills of dead people. It is not the same as probation in a criminal matter.

Direct your question to a criminal law attorney in the county/state where your friend is on probation. However, your friend is the client, not hyou, and a lawyer is very unlikely to give more than general advice. Your friend needs to hire an attorney if he does not have one.

Answered on 3/24/11, 11:53 am

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