How long can probation officers take before issuing warrants ?

Asked almost 4 years ago - Marietta, GA

my boyfriend is in custody because of a warrant. his probation officer issued a warrant for his arrest because he didnt check in. i previously talked to her and she told me she violated him and hasnt returned any calls to our lawyer since then. he cant get on the calendar because the probation hasnt sent the warrant over. she doesnt return anyone's calls or anything. is there any way that we can get the warrant sent over ? is there a certain amount of time that she has before she can send it over because he has a hold on him for that reason. will he have to sit in jail until she does so because personally i dont think this is right.

Attorney answers (2)

  1. Reid Thompson

    Contributor Level 9

    Answered . Georgia law provides that a probationer arrested on a warrant for violating his probation is entitled to a preliminary hearing at which the judge will determine whether to hold him or release him with or without bail to await further hearing or the court may dismiss the charge at that time. If the charge is not dismissed at this time, the court shall give the probationer an opportunity to be heard fully at the earliest possible date.

    The court doesn't need the warrant to schedule the hearing. An experienced criminal defense attorney should be able to help you with this matter.

  2. David Edward Boyle

    Contributor Level 15

    Answered . A probation officer can seek a warrant anytime while the Defendant is on probation. If he is in custody for some other offense and they have not taken a warrant yet he can bond out on the charges. A hold doesn't necessarily mean he cannot get out.

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