Fran, I was having some trouble replying so i hope you're not recieving multiple answers from me. But he got a DUI, so he was sentenced to PDC as a result of a revokation of a probationary sentence. so he's just waiting, and his 120 days wont start until he gets to the detention center here in Georgia.
State/Country relating to question: Georgia
Hi,Thanks for clarifying. This is the only answer I've received from you. The reason for a delay with something like this is generally administrative. That is, comes down to available transportation and bed space. While you can have his lawyer try to find out the reason for the delay, if they just cannot accommodate him yet, it really can't be expedited.If there are empty beds in the facility, an extended delay would be unreasonable. Then his lawyer can file a writ of habeas corpus to bring him before the judge to make the state show why he hasn't been moved. But usually that isn't the problem, and in any case bringing that writ could actually cause him to stay where he is even longer because he'd have to stick around for the hearing that would be scheduled..I know you're impatient and so is he. Your husband's lawyer may be able to get a ballpark date. But as a general rule, the system really can't be rushed. You can actually sometimes make things worse when you try. Sorry for being the bearer of bad news.
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
yeah, they say the normal wait time is around 3 months. another expert even suggested contacting the director of a PDC directly. so you dont suggest doing that?
Hi Shannon,I'd let the lawyer do it. He or she will be less likely to get a runaround. I've had a number of clients over the years in a very similar situation. The facility will generally know the length of the waiting list and the tentative dates for turnovers. A lawyer can talk to the people behind the scenes and have a better chance of reaching someone who will give him the answer.You can try too, and you should if it will make you feel that you're doing everything you can. No reason why you shouldn't, except the lawyer has a better chance than you do of actually reaching the director.
ok thanks for your help
Thank you, XXXXX XXXXX luck!
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