Jacksonville, FL asked in Criminal Law and Personal Injury for Georgia

Q: My boyfriend was arrested on warrant for VOP and has been in jail for 50 days without ever seeing a judge. The clerk of

the court and the public defender's office both say they have not received paperwork from the probation officer, thus no court hearing and no one assigned to defend him. OCGA 42-8-154 says that a person arrested on warrant for alledged VOP, as long as he has not waived a prelim hearing and no revocation hearing has been scheduled, should have a prelim hearing within 15 days. It appears someone is in violation of this code but I am not sure it is. Could you tell me who is and what I can do to get my boyfriend in front of a judge right away.

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1 Lawyer Answer
Kelly Case
Kelly Case
Answered
  • Johns Creek, GA
  • Licensed in Georgia

A: Talk to someone at the public defender's office about filing a writ. They are usually very helpful and resourceful folks that can help in this type of situation. Alternatively, contact the court's administrator and let that person know he has not yet been brought to court. Last resort, contact the Sheriff of the county where he is being held and inform the Sheriff that he has not yet been brought over to court. There is a breakdown somewhere that is keeping him from getting to court. I doubt it is intentional but you are correct - it needs to be resolved. Good luck! www.JudgeCase.com

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