Probation violation - Help

[jjd333]

What is the name of your state (only U.S. law)? Georgia
My friend did 6 yrs in state pen for aggravated assault then got out on probation. 2 years later while still on probation he got arrested for possession and did 2 years in the state pen. He got out 2 1/2 months ago with 3 years of probation. He went to probation last Tuesday and they got him for the following: non report, failing a breathalizer and not changing his address with the probation office. He actually did report so not sure how that is sticking and his dad was mad at him and told probation he did not live there but he does. What is the normal amount of time he will have to serve for this? Also, they want him to go to state funded drug bootcamp which means he will be in county jail for up to 6 months to get into the program and then 6 months at the bootcamp. Wouldn't it be better for him to just refuse to sign the waiver and go in front of the judge?

 

[FlyingRon]

Sounds like he may have missed a report (it's not at HIS convenience to report, the schedule is laid out specifically in the probation conditions). If he is indeed living that the address of record, then that should be possible to straighten out. Of course, he's still violating the conditions if the wasn't supposed to be drinking and he failed the breath test. As to whether the offer is a good deal or not is hard for us to tell. He probably would be well served to consult with a lawyer. I can say however, that his inability to follow probation conditions and cease criminal activity doesn't bode well for him in a formal revocation / PV hearing.

 

[jjd333]

He has a public defender but he can't really afford an attorney. I guess we will have to just hope for the best!