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Violation of probation plus failure to appear will he have serious jail time! And how long must he wait until a court date?

Georgia |

He was on probation and didn't pay off his probation. Got caught a second time driving on suspended license, and didn't show up for court. Issued a bench warrant for violation probation/failure to appear. What is the likely outcome of his situation?

Attorney Answers 1

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You actually need to give a little more information: what is HE on probation for, misdemeanor or felony? Is HE currently in custody? If so, how long, and where? Sounds like you're dealing with both a violation of probation and a bench warrant on a pending case, but they both fit together in certain respects. In terms of the probation issue, both the failure to pay and the new offense(s) would be considered violations of probation, and whatever amount of time he has left on his sentence could be revoked. If it's a significant period of time, you really do need to speak to an attorney. For most jurisdictions, a probation revocation hearing won't be set until he turns himself in, and when he does, he most likely won't get a bond: a judge isn't going to give someone a bond who didn't bother to show up for court in the first place. Once the revocation date is set, it can take anywhere from two weeks to two months to be heard - alot of lawyers call that "judge's time", since it seems as though the judge is punishing you ahead of time for violating probation by setting your court date out so far when you don't have a bond in the matter. The good news is the judge can only revoke whatever time is remaining on the bond UNLESS it's a first offender plea, in which case the judge can re-resentence up to the maximum amount the law allows.

That's all for the probation revocation. For the suspended license, he's looking at mandatory jail time and fines starting at two days and $500 and heading north, depending on the number of prior suspensions resulting in convictions. His license will also be suspended an additional six months for any new case, unless he can plead no contest to one of the charges, but you can only use that once every five years. Bottom line: you need to call a lawyer. There are two many issues involved here to leave it to chance, and since most lawyers give a free initial consultation, what do you have to lose?

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