My daughter was arrested for probation violation and she has been in jail since june 3 court date is set for july 8 what to do

Attorney answers (1)

1. Licensed in GA

   

   Patrick Kunes

   Tifton Criminal Defense Attorney

   Contributor Level 9

   Answered June 19, 2010 19:38. A judge will listen to the testimony of the police officers and other witnesses, and will decide whether or not to revoke her probation. It will be within his power and he has the discretion to revoke the probation for the full amount left on her sentence. The burden of proof at this hearing is "preponderance of the evidence", which is a much lower standard than "beyond a reasonable doubt". That means that it would be easier for a judge to rule that your daughter's conduct revokes her probation, as opposed to your daughter being found guilty at a criminal trial for her underlying crime. Also, a probation revocation hearing is always before a judge, as you have no right to have a jury determine the outcome. You should contact a local Georgia criminal defense lawyer immediately. I would suggest Billy Healan out of Winder. His office number is 770-867-7554.
   
   
   DISCLAIMER: This answer is provided solely for general informational purposes and based on general legal principles and court practice. This answer does NOT constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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