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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.