Parole, Probation Probation Violation

[Che04]

In 2005 my fiance was charged with possession on marijuana with intent to sell. He received a sentence of 7 years probation. He has served 5 of those years with no problem. Then his probation officer was changed. On 4/9 he was picked up for violating his probation, his probation officer said that he did not report to her and he was behind on his payments. He would report, sign in and leave his payment receipt if she wasn't there which she wasn't on a few occasions. He would inform her if and when he was having a hard time making payments to no avail. His court date is not until 6/4, no bond. He has a court appointed attorney because of course he can't afford an attorney, but she said she wont see him until 6/3. He was recently placed in the work release program. My questions are, what happens when you are placed on work release, does this mean he will possibly get out on his court date? I am assuming that being on work release is a good thing? We aren't sure what to do, he is the sole provider of our family due to me being laid off, and we may be homeless soon if he can't get back to work. Why is his court date so far out, and is there a possiblitly he will get out on or around 6/4. Any advice is greatly apprciated.

 

[army judge]

In 2005 my fiance was charged with possession on marijuana with intent to sell. He received a sentence of 7 years probation. He has served 5 of those years with no problem. Then his probation officer was changed. On 4/9 he was picked up for violating his probation, his probation officer said that he did not report to her and he was behind on his payments. He would report, sign in and leave his payment receipt if she wasn't there which she wasn't on a few occasions. He would inform her if and when he was having a hard time making payments to no avail. His court date is not until 6/4, no bond. He has a court appointed attorney because of course he can't afford an attorney, but she said she wont see him until 6/3. He was recently placed in the work release program. My questions are, what happens when you are placed on work release, does this mean he will possibly get out on his court date? I am assuming that being on work release is a good thing? We aren't sure what to do, he is the sole provider of our family due to me being laid off, and we may be homeless soon if he can't get back to work. Why is his court date so far out, and is there a possiblitly he will get out on or around 6/4. Any advice is greatly apprciated.

The probationer is at fault.
The probationer is always at fault.
Probation isn't a right, its a privilege granted by the court.

Probation isn't as tough as parole, but damn near.
As a probationer you must OBEY everything you are told to do.
You can't just show up, sign in, and leave.
You can't miss any payments.
He could be in prison.

He might very well be revoked (family and bills notwithstanding) and end up in prison.
He will tell you anything.
If I were you, I'd trust but verify everything he says.
Just because it comes out of his mouth, doesn't mean it isn't a lie.

A probation officer has to have justifiable cause to have a probationer detained.
In some states, a probationer can't be picked and detained on a probation officer's say.
In Georgia, a probation officer can order a probationer's arrest.
Here is a little about Georgia probation revocation hearings.
This is what your man faces.

You can be violated two ways on a probation beef in Georgia.
First off, you may be charged with a substantive violation.
That means you are alleged to have committed a new offense.
Secondarily, you can also be charged with a technical violation.
Some common technical violations are: failure to report, failure to pay your fine, testing positive for drugs, violating a curfew, etc...

If a probation officer issues a warrant for a probationer, you will be arrested, held in jail until you are given a probation revocation hearing.

Normally, you do not have the right to have court appointed counsel to represent your interests at such a hearing.

If you desire an attorney, you must hire your own.

The probation revocation hearing must be conducted at the earliest possible date.
Now, OP, this is what you were driving at in your query.
This is where the rubber meets the road for your man!

Georgia appellate courts have said that a hearing SHOULD be held within 30 days to satisfy previous legal precedent and court rulings.

To enforce HIS rights, you better hire HIM a good lawyer.

Guilt or innocence at a revocation hearing is not at issue (your MAN has already been convicted).

A judge must ONLY determine if he willfully violated his probation.

Courtroom rules and procedures must be followed (ie...hearsay testimony isn't allowed).

The burden of proof is the lowest burden allowed under law, simply a preponderance of the evidence.

This is the same standard at a civil trial.

Very few probationers are NOT revoked without the benefit of legal counsel, a miracle from God, or their experience as a jailhouse lawyer!

 

[raskalnikov]

Work release is a good thing. It just means they'll let him leave jail to go to work. . . that simple, but it shows they are somewhat trusting of him, otherwise they wouldn't allow work release.

In the future, at the very least, he needs to set up an appointment if the probation officer isn't there. If she is there at all that DAY, or is showing up late, etc., he needs to wait for them.