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Probation Violation GA

2002 sentenced 10 serve 2 for ecstasy in Cobb County. Got out 2004 and had no problems till 2006. An exgirlfriend had me arrested for misdmeanor stalking in Fulton County...six weeks later ex had me charged for Agg stalking. 2007 beat agg stalk and got misd. probation 1yr...completed no problems.
yesterday Marshalls looking for me. Found out I have 2 warrants issued in 2008.

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Attorney answers (1)

Reputation Level 17
You actually have not really clarified what your question is. I'm going to take a guess. ONE You have two warrants out from 2008; there is no constitutional right to be arrested. Therefore, delay in arrest can only become an issue is your due process rights have some how been violated; this usually means showing that somehow your ability to defend yourself has been prejudiced. TWO: the warrants for offenses alleged in 2008 can be the basis for a probation violation if you are in fact still on probation; they would show that you may have broken the law while on probation. This is always a violation of probation. THREE: what is of more concern is the ten years you got in 2002. As I understand your description it sounds like you received a 10 year prison term that you served 2 years for. If you are still on parole these charges from 2008 once again can be a violation of parole. Probation violation hearings are usually held before the original sentencing judge with the primary witness being your probation agent; there is no right to a jury trial. Parole violation hearings are administrative in nature and once again there is no right to a jury trial. In either case the best advice I can give you is to retain an attorney for a consultation and discuss the matter in much more in depth detail than you have here so he/she can properly advise you.

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