I agree with the prior answer. He could be required to serve the remaining balance of his sentence, though we can often convince the judge to allow people to be reinstated on probation to allow them to complete community service. These cases are very fact-sensitive and really depend on whether you can convince the judge that it was an honest mistake, and that society is better served with him out of custody. We are happy to help; call our firm at 404-881-8866. We handle these cases regularly in your area and have had a lot of success in similar situations. Best wishes to you.
The time he could face is the amount of time that was suspended when he was placed on unsupervised probation. We would have to check the original judgment from when he was convicted of obstruction of an officer and shoplifting to answer this question.
Your husband is facing having the remaining time of the sentence revoked, which could mean he goes to jail for however long is left on the sentence. Speak with an attorney, and explain the facts and circumstances behind the violation and original probation sentence.
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
The max time he could receive for failure to do all his community service is most likely the balance of his probation or 2 years whichever is less. However, if the community service was made a special condition of his probation then he could have the full balance of his probation revoked. Now having said that, usually judges do not send people to prison for failure to do community service except in extreme circumstances. My advice is for your husband to contact the original lawyer that helped him with his case or a new lawyer in the area where he is on probation and have them work on this matter for him.
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