Violation of probation , felony Georgia

Asked over 1 year ago - Canton, GA

son received 1st offender plea on felony drug possession. That was revoked after 3 years for a misdemeanor arrest. He was sentenced to 7 years and placed back on probation. He was revoked again 2 years later. His parole officer wants him to serve 5 years, I would have thought that the sentence should have included the 3 years supervision already under his belt, that he should have only 2 years left to serve.

Attorney answers (4)

  1. Noah Howard Pines

    Pro

    Contributor Level 19

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    Answered . He should be given credit for all of the probationary period that he successfully completed. Your son needs a lawyer and he should not have any conversations or sign any waivers with the probation officer.

  2. Donald Clinton Turner

    Pro

    Contributor Level 10

    4

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    Answered . Upon revocation of first offender probation the court can sentence up to the maximum for the original crime and it becomes a new sentence. Sound like the probation officer wants to revoke the balance of the 7 year sentence. A lawyer might be able to help get the court not to follow the P.O.'s recommendation -you should hire a lawyer. Good Luck!

  3. Allen Rust Knox

    Contributor Level 16

    1

    Lawyer agrees

    Answered . When your son's first offender status was revoked, he was resentenced. However, he is supposed to get credit on that sentence for the time he served on 1st offender probation. It appears that the credit might not have been given. Regardless, your son needs a lawyer. Call me if I can be of assistance.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  4. James Emmit Hardy II

    Contributor Level 9

    Answered . I agree with Mr. Pines and Mr. Turner. Your son needs an attorney ASAP. Your son should not sign any waivers of his entitlement to a revocation hearing or try to handle this himself. The standard on revocations is not "beyond a reasonable doubt" but only the civil standard of "preponderance of the evidence." Your son has a criminal history which will not be looked on favorably by the PO, any prosecutor or the judge. Move on this quickly, and good luck.

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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