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" How much jail time?"

Atlanta, GA |

Husband has 2 hold for different counties. Probation violation due to unpaid fines. He was originally arrested in 2010 for speeding and no license in both counties. What's the best way to get him out.

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Attorney answers 2

Posted

If it's only for unpaid fines you should be able to post his bail and get him out. It may be cheaper, however, to pay off his fines. Your choice.

Asker

Posted

Thanks. He also has a contempt of court charge. The original probation term was over in March. Will they revoke it and make him serve the full time.

Posted

Without making any statements or admissions related to payment of fines, you should contact each probation department to find out how much of a payment would be necessary for them to lift the warrant. Make sure you get the person's name who gives you this information. If you're able, pay the fines necessary for release. This amount may not necessarily be the full balance, but just the required payment to get him caught up. I doubt your husband has a bond, but if he does it seems you'd be better off using any money you have to pay off fines.

Otherwise, he will have to wait for a probation revocation hearing to be scheduled. Your husband has a right to request a lawyer for a probation revocation proceeding where the judge will decide whether the circumstances require an attorney under due process of law. At this hearing, careful arguments should be made related to his (in)ability to pay the fines as a defense to a probation violation, or attempt to reach a stipulated agreement with probation as the scheduling of future payments.

If you'd like to hire an attorney to assist you further through these proceedings, I'd be happy to speak with you. Good luck.

-Jessica Stern

Asker

Posted

Thanks and I found one probation office and that was $1500 and the other I don't know. From what he has been told he may have to do a year in jail

Asker

Posted

Thanks and I found one probation office and that was $1500 and the other I don't know. From what he has been told he may have to do a year in jail

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