My fiancé is in jail for violation of probation on his first offenders, he just went to court and got sentenced on November 19th, 2014. His release date is set for March 24th, 2015 so he has about 4 months to serve. We want to know the possibility of him 1. Getting out on house arrest?..he has been in there since early september already and just wants any way to get out of there, what are the possibilities of house arrest for his situation? If it is possible for him, how long would it generally take to make house arrest happen? We also want to know 2. If house arrest for the remainder of his sentence is NOT an option, what about work release? What are the chances of him getting to do work release? If possible how long does it generally take to get everything in order? He's in Dekalb County
These are excellent questions to ask his lawyer. Generally, once committed to jail, these options are not available. Ask his lawyer.
He, or his lawyer, can file a motion with a court asking to modify his sentence to include house arrest or work release. Generally speaking judges are not lenient when it come to probation violations since the probationer has already demonstrated to the court he is not capable of following the rules and guidelines of probation.
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.
It is pretty unlikely, unless there was some compelling reason to give the Judge to justify this change. I would second/third the comment about speaking to his attorney. Depending on how he was sentenced, it might behoove him to stay in a place where a probation officer can't send him back in front of a judge for almost any reason, if he can still qualify as a first-offender.
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