Q: Hi just wanted to know if my husband probation expires this month on the eleven can his judge revoke him for violating.
He’s probation officer filed warrant against him on feb 7 2019 his probation ends this month on the 11 the case is 10years old he paid most of his restitution but still have more to pay... how will this work? Yes this is a felony case...
A: Yes, the judge can. So because the PO filed the warrant that probably tolled his probation. Toll means to stop. So as of the 2/7/2019 the PO issued a warrant which was probably in conjunction with a tolling order. Pursuant to O.C.G.A. § 42-8-36(a)(3), the effective date of the tolling of the sentence shall be the date upon which the court enters a tolling order and continues until the probationer/ your husband reports or is taken into custody. So he may still have a few months because it stopped when the PO filed the warrant and the judge signed the tolling order. I hope this helps.
Holly G Chapman agrees with this answer
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