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  1. #1
    deekeehamp is offline Junior Member
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    Can the JAIL HOLD HIM?

    What is the name of your state (only U.S. law)? Georgia

    If a person DOES NOT have a probation hold and you plead guilty to misdemeanor charges can the jail hold you without that hold?
  2. #2
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by deekeehamp View Post
    What is the name of your state (only U.S. law)? Georgia

    If a person DOES NOT have a probation hold and you plead guilty to misdemeanor charges can the jail hold you without that hold?
    Not a lot of information to work with here....

    so the answer is going to be: maybe, depends on the whole story.

    (and while they may not be on P & P--probation or parole, could they possibly have a warrant from another jurisdiction??)
  3. #3
    deekeehamp is offline Junior Member
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    He is in jail on new charges (misdemeanor) and the prosecutor is coming tomorrow to offer a plea bargin. My question is although he does not have a probation hold, can the jail hold him anyway? These are 2 different jurisdictions both Georgia counties.
  4. #4
    deekeehamp is offline Junior Member
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    Quote Originally Posted by Ladyback1 View Post
    Not a lot of information to work with here....

    so the answer is going to be: maybe, depends on the whole story.

    (and while they may not be on P & P--probation or parole, could they possibly have a warrant from another jurisdiction??)
    He is in jail on new charges (misdemeanor) and the prosecutor is coming tomorrow to offer a plea bargin. My question is although he does not have a probation hold, can the jail hold him anyway? These are 2 different jurisdictions. No warrants, no probation holds
  5. #5
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by deekeehamp View Post
    He is in jail on new charges (misdemeanor) and the prosecutor is coming tomorrow to offer a plea bargin. My question is although he does not have a probation hold, can the jail hold him anyway? These are 2 different jurisdictions. No warrants, no probation holds
    so, he hasn't been adjudicated? If he hasn't actually pled, then I *believe* they can hold him. (An example--person picked up on Friday night for first offense Domestic Violence HAS to see the judge before being rlsd. So, assuming the court is in session on Monday, the person would spend the weekend in jail, or until the court/judge is hearing cases again)
    And you're positive, without a doubt that the two charges (assuming there are two since two jurisdicitions)? Some charges ^^^^see above require adjudication prior to release.
  6. #6
    deekeehamp is offline Junior Member
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    Quote Originally Posted by Ladyback1 View Post
    so, he hasn't been adjudicated? If he hasn't actually pled, then I *believe* they can hold him. (An example--person picked up on Friday night for first offense Domestic Violence HAS to see the judge before being rlsd. So, assuming the court is in session on Monday, the person would spend the weekend in jail, or until the court/judge is hearing cases again)
    And you're positive, without a doubt that the two charges (assuming there are two since two jurisdicitions)? Some charges ^^^^see above require adjudication prior to release.
    Here's the story:

    He is on probation for unrelated charges to the new charges (Newton County)
    He was arrested for new charges (simple battery) (Cobb County)
    He does NOT have a probation hold at all nor does he have any warrants
    The prosecutor is coming to see him tomorrow for a plea bargain.
    He has had first appearance
    He want to get out and is thinking about pleading guilty so he can get out
    The jail know he is on probation in another county
    Again NO holds or warrants

    If he accepts the prosecutors bargain and can be released, can the jail hold him even though he has NO probation hold and call the probation county to place a hold?

    Can the jail hold him and send him to the probation county even though there is not a probation hold just because he is on probation?
  7. #7
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by deekeehamp View Post
    Here's the story:

    He is on probation for unrelated charges to the new charges (Newton County)
    He was arrested for new charges (simple battery) (Cobb County)
    He does NOT have a probation hold at all nor does he have any warrants
    The prosecutor is coming to see him tomorrow for a plea bargain.
    He has had first appearance
    He want to get out and is thinking about pleading guilty so he can get out
    The jail know he is on probation in another county
    Again NO holds or warrants

    If he accepts the prosecutors bargain and can be released, can the jail hold him even though he has NO probation hold and call the probation county to place a hold?

    Can the jail hold him and send him to the probation county even though there is not a probation hold just because he is on probation?
    so, he hasn't pled guilty yet?
    And as to the whole probation thing--I'm betting his probation officer will seek to have him revoked, regardless of where he was arrested while on probation. The arresting jurisdiction has a duty to notify the probation officer of record. And yes, that may mean he gets a hold placed on him.
    Sorry. An extended stay in some jail--any jail--might be enough to make him understand that all actions have consequences.
  8. #8
    deekeehamp is offline Junior Member
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    Quote Originally Posted by Ladyback1 View Post
    so, he hasn't pled guilty yet?
    And as to the whole probation thing--I'm betting his probation officer will seek to have him revoked, regardless of where he was arrested while on probation. The arresting jurisdiction has a duty to notify the probation officer of record. And yes, that may mean he gets a hold placed on him.
    Sorry. An extended stay in some jail--any jail--might be enough to make him understand that all actions have consequences.
    No, he has not plead guilty yet. His probation officer knows he is there, We called and told her.

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