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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101760
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband is on felony probation in county Ga. On March 1st

Customer Question

My husband is on felony probation in hall county Ga. On March 1st he was attending a cookout at a friends house when the drug task force raided the residence and recovered drugs. The task force officers said that my husband was obviously not involved with the drugs and was just at the "wrong place, wrong time." They were letting him leave the scene when his probation officer arrived and proceeded to violate him for" being around other felons". He was arrested and was given a 60 day waiver, which he refused to sign because he felt it was unfair and un called for. The public defenders office said it could be 60 days before he ever gets to court. What could this mean for him? Could an attorney speed up the process and get him a hearing sooner?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Truth be told, even if he was not involved with the drug activity, he arguably violated the probation requirements by being around other felons. So someone on his situation arguably violated probation.

He was offered to sign a waiver of revocation, it sounds like. Via a waiver, he would admit to the violation and waive the right to a hearing in return for a deal with the PO/prosecutor. He did not have to sign it. Since he did not, then the PO/prosecutor are pressing to have the violation heard before the Court, which can:

-decide there was no violation

-violate him and imprison him

-violate him and imprison him shortly but then let him out back on probation, and/or

-extend the probation and have further requirements.

An attorney is not going to be able to speed up the court date, I am afraid, since this is set by the Court according to how full the docket is.

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Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!