I have several questions. Is the case a felony or misdemeanor? What was he originally charged with? Is it a first offender sentence?
He should have a probation hearing scheduled very soon. The sooner you hire counsel to represent him at that hearing, the sooner his case will be resolved.
Without knowing more information, I cannot answer whether he'll be out by 6/30. My office is in Cobb County. Contact me at (678) 310-7333 if you'd like to discuss your case for free.
Call Josh he is local and his questions are appropriate.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
First, you need to retain a criminal defense attorney to represent him. If he violated the terms of his probation, due to a dirty urine, he is exposed to a motion to revoke his prior probated sentence. He is entitled to notice and a hearing in front of the sentencing judge. Get counsel.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
If this is a first offender sentence, the judge could resentence your fiance and give him more time (unless his first offender status was already revoked or he has already been sentenced to the maximum). Moreover, I would expect that the judge would want to make him serve more than 6 months, since he already has served one revocation for that period of time; judges generally like to increase the punishment each time the offender violates. Your fiance needs an attorney to help him minimize his punishment. I am a former Cobb County prosecutor and would be happy to help with his case. Call me if I can be of assistance.
Allen R. (Rusty) Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144