Skip to main content

What is the process and time frame for getting a hold lifted for probation violation so a loved one can be released from prison?

Atlanta, GA |

My bf has been in jail for a year.he was on probation in Fulton county but caught a charge in Cobb county jail he was sentenced to a year and a half on a drug charge.they sent him to coastal state to a 90 day program then he could parole out.well he completed the program on august 7th and of course the day he was supposed to be released he couldn't because he had a hold in Fulton county.the prison said they would release him before Fulton county comes to get him if he got the hold taken off and get his parole and probation ran in concurrent I know its possible but I need to know if this is something I can do myself by making a couple phone calls or do I NEED to hire my attorney.I let him know about it and he wants to charge me 1700.I just need to know what is he quickest route to end it

+ Read More

Attorney answers 3

Posted

The hold seems to be for a charge that is unresolved. You need to hire an attorney to address these concerns at a hearing in this issue. There is nothing you can do over the phone to dismiss the jail charge. Good Luck!

Asker

Posted

well he did not miss court he actually caught another charge in cobb county while on probation in fulton county. he was set to be released from coastal state prison on august 12th but he could not because the hold in fulton. they are picking him up from coastal on sept 9th..the lawyer is trying to figure out the quickest way to get the hold removed before he is transferred to fulton county. do you think this is possible?

Stephen F Wallace

Stephen F Wallace

Posted

It is not for me to second guess your attorney who has all the facts.

Asker

Posted

okay thanks anyway

Posted

If the hold is in Fulton County State Court, and it is for missing court, then the hold can be removed almost immediately. Once removed, it takes the Fulton County system 24 to 48 hours to update, and show that the hold has been removed. Removing this type of hold is relatively easy to do.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

Asker

Posted

He didn't miss court he actually caught another charge while on probation .he is supposed to be released from prison on parole but he can't because of Fulton .does parole overide probation?

Posted

It really depends on what the hold is for. If it's as simple as missing a court date, it could take just a few phone calls, getting a bond and posting the bond. If that's all it is $1700 sounds a little steep. But if the hold is more complex than that, it will take more work and he may have to be brought back to Fulton to get the court to address the hold. Either way, it would be best if you had an attorney handle this for you.

Asker

Posted

I THOUGHT 1700 SOUNDED A LITTLE STEP MYSLEF. THE HOLD IS FOR A PROBATION VIOLATION BECAUSE HE CAUGHT ANOTHER CHARGE WHILE ON PROBATION.THE PRISON SAID THEY WOULD RELEASE HIM IF HE GOT THE HOLD LIFTED BEFORE THE FULTON CAME TO PICK HIM UP WHICH WILL BE ON SEPTEMBER 9TH. I JUST HOPE IT IS POSSIBLE FRO HIM TO GET OUT BEFORE THEN

William M. Brownell Jr.

William M. Brownell Jr.

Posted

Honestly, if the hold is for a probation warrant, it is extremely doubtful that you are going to get the hold lifted before his release date. It is possible that the P.O. would agree to a bond on the probation warrant. But that is extremely rare. It is much more likely that he will have to be "released" subject to the hold and brought to Fulton to address the probation warrant. And if you're looking for an attorney to handle all of that - including the probation warrant/revocation - $1700 is actually a bargain.

Asker

Posted

OK THANKS FOR THE ADVICE. FULTON COUNTY IS GETTING HIM FROM COASTAL ON SEPT 9.THE LAWYER IS WORKING ON THE CASE RIGHT NOW AND HE IS TRYING TO FIGURE THE BEST WAY TO REMOVE THE HOLD. BUT MORE THANK LIKELY HE WONT BE ABLE TO REMOVE IT BEFORE SEPT 9 CORRECT?

William M. Brownell Jr.

William M. Brownell Jr.

Posted

Possible but very unlikely.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer