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When your case is pre-tried for felony ,what happens if there another charge pending in another county?

Acworth, GA |

no previous convictions. charged w possession of meth w intent and possession of oxycodone. while on pretrial got charged w damage to property (>500), Is less than 350, paid for, but still "under investigation". If given probation would pending charge, when heard, put you back in jail as having violated first offenders?. Will the case be postponed until the pending charge is settled?

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Attorney answers 2

Best Answer

As i understand your question, you were charged with Criminal Damage to Property (>$500.00) - a felony, while you were out on bond on the Poss. with Intent case. If that is the case, the subsequent charge could result in revocation of your bond and remand to custody. However, if you enter a plea on the Poss. with Intent case and you are sentenced to probation, the CD to Prop. charge cannot result in revocation of your probation, even if it results in a conviction.

Your more significant problem is the Poss. with Intent case. You should be sure to hire an attorney to represent you in that case. A probated sentence can be very difficult for people who have any sort of substance abuse issues. I strongly encourage you to hire an attorney right away.

I handle criminal work in the metro Atlanta area, including Cobb County. I would be happy to talk to you about your case.


Generally speaking arrests can be considered in a sentencing hearing, but are not given as much weight as a conviction.

Probation can only be violated by an act occurring during probation - a plea during doesn't do it. The commission of the offense was prior to probation starting and therefore is not a violation.

Hope this helps.

John Yetter