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Probation Violation in Georgia?

Buford, GA |

Original charge was poss. of <oz did some probation but then left to Maryland. When came back to GA arrested for violation of probation. Have ankle monitor on - did what court asked of me to be released, didnt happen. I dont want to stay any longer and do care to come back to GA... So question is....

Would it be a felony if I ran again... My po told me that if I did take off to make sure to send my ankle monitor back or it will a felony?

Will Georgia extradite me from Baltimore, MD?

Are there any statue of limitations of misdemeanor probation violation?
I've seen two years but am not sure.

I really just want to move my probation to another state after i am off my ankle monitor but my po says I cant do it I have to stay in GA. So now I am thinking about dipping;

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Attorney answers 2

Posted

If you take the property of the State, yes they can charge you with the theft. Whether GA will extradite you is a decision GA makes, based on the extent of the charges, your record, and other factors. There is no way to estimate when one State will decide to extradite from another. The SOL does not apply when a person flees the jurisdiction and a bench warrant issues. The interstate compact for transferring probation has a number of steps that must be met before the State you are seeking to transfer to will even start considering the transfer. You should discuss the possibility of a transfer and how to support the request with an experienced GA defense lawyer before you make any decisions in regards to this matter. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Posted

Typically, and I say this as "typically" because whoever is behind the administrative wheel can change their mind, but typically Georgia will not extradite a person for a misdemeanor offense. There may be exceptions for misdemeanor sexual offenses such as sexual battery, but most of the time the state is not willing to spend the money extraditing someone for an offense that only carries a maximum of a $1000 fine or up to a year in jail.

If you don't plan on finishing the terms of your probation, then don't plan on coming back to GA...ever...even to visit. There will be a no bond bench warrant issued for you in state, and if you get stopped or arrested again in GA, you'll go straight to jail. Then at your probation revocation hearing, you could be revoked for the rest of you probation.

The two year statute of limitations refers to how long the State has to accuse a misdemeanor violation. Your case was accused and you were sentenced therefore you're on probation. So, it isn't applicable to your situation.

Additionally, once your PO issues a probation warrant to the judge, it "freezes" your probation. Meaning the clock stops ticking. If you've only completed three months of probation, you skip town for five years, then come back to GA, and get arrested, you still have nine months left on your probation to complete.

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