Buford, GA asked in Criminal Law and White Collar Crime for Georgia

Q: In Georgia, under OCGA 42-8-38, does Probation begin when a motion challenging the Probationary Sentence is pending?

After servicing the imprisonment portion of the sentence and never reported?

1 Lawyer Answer
Morris  Margulis
Morris Margulis
  • Criminal Law Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: A pending motion to modify a criminal sentence (whether in custody or on probation) will not automatically pause that sentence.

You can ask for a supersedeas bond to relieve you of your probation obligations while your motion is pending, but absent relatively extreme circumstances, you are going to have some difficulty getting that. Generally, this vehicle is used in conjunction with some type of appeal.

If you are already delinquent on your probation sentence, you need to contact a criminal defense attorney ASAP to protect yourself against a revocation action which can land you back in jail for a long time.

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