Dalton, GA asked in Criminal Law for Georgia

Q: Can probation be reinstated for a probation violation if the pending charges get dismissed?

My husband was arrested last March for family domestic violence, the case was modified and still pending in Murray County. However, he has been a productive citizen, working everyday and doesn't use drugs. However, I am trying to find out how to get him out of Catoosa County jail. His probation officer said he has a history of domestic violence that's the issue. Please help direct me in what to do

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

A: As I understand the situation, he was on probation in Catoosa County when he was subsequently charged with criminal conduct in Murray County, and he is now in Catoosa County custody on a probation warrant pending a probation revocation hearing.

If he admits the criminal conduct in Murray County (a guilty plea), then that admission can be used to revoke his probation in Catoosa County. Even if he pleas guilty to a reduced charge in Murray County, the Catoosa County probation revocation can still go forward, as he would still be found to have violated the law while on probation.

If his Murray County charges are dismissed on any basis other than the court finding in his favor on the evidence, his Catoosa County probation revocation can still go forward.

Most likely, he will need to face the Catoosa County probation revocation head-on, and he should absolutely hire an attorney to help him with that. He should be able to work out a "package deal" price with the attorney to handle both the Catoosa County and Murray County charges together, which would also put him in the best position for a coordinated solution to his situation.

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