My boyfriend has been arrested for VoP. His initial charge was a misdemeanor traffic charge. The question is upon going to court for this charge, is it possible he will be released after serving 7 days?
He did not report to his probation officer. He hasn't reported since he was first placed on probation. His excuse, of which I don't believe, was that he did not know that he was suppose to report. He thought he was only to pay monthly and would be okay. Again, that is an excuse that is not acceptable and I don't believe that, but I do know that he does pay monthly without fail. He has not received any additional charges, but of course a bench warrant was issued against him in Dekalb County. He was stopped in Gwinnett county while going to work therefore held in Gwinnett for a day prior to being transported to Dekalb.
How has your boyfriend violated his probation? Did he pick up new charges? Did he stop reporting? What court has him on probation? I would need more information to be able to offer a guess as to what he's in for now.
M. Jason Rhoades
Real Estate Attorney
He could be released and credited for "time served" depending on the judge. He will have some explaining to do about why he did not report.
Probably a good idea to have representation if your wanting to get him out when he appears before the court.
DUI / DWI Attorney
It is possible he could be released after 7 days, but it is also possible they could revoke the entire balance of his probation which could be close to a year on a traffic charge. I seriously doubt they would revoke him for that long, but it is a possibility. Traffic offenses are misdemeanors in Georgia, and they can carry up to one year in jail. So if he was on probation for only one traffic offense he was probably placed on probation for 12 months.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.