My brother is in jail for violation of probation. They are saying they never received confirmation for a change of address, but he did send the paper. They made him sign a paper giving up his right to a public defender, how long can they keep him in jail before giving him a court date?
he has the absolute right to have an attorney represent him and in no way has to waive this right to get a VOP hearing. Generally, if you are in Cobb County, you will get a hearign within 30 days of arrest. Your brother should hire an attorney to represent him as soon as possible as an experienced criminal attorney can get him before the court. Feel free to contact me if you need assistance. With regards,
P. Darrell Kimbrell
In Georgia, revocation of probation is governed generally by statute. Once a condition of probation has been violated, the Georgia Code authorizes the arrest of the probationer.
If the charges are not dismissed at the preliminary hearing, the statute provides that a final hearing be held at the "earliest possible date". Upon a determination that the probation terms have been violated, the court may revoke, modify or continue the probation.
This "earliest possible date" means different things in different counties. For instance, in Douglas County, unless you have an attorney filing the appropriate paperwork, a probationer can sit for months waiting on a hearing.
I'm also concerned about the "paper" he signed "giving up his right to a public defender". This sounds like the probation officer may have visited him and convinced him to sign a document admitting to the violation and waiving his right to a hearing.
Speak to an attorney.