My boyfriend was arrested for a probation violation November 5, 2007. His hearing date is Feb. 20 - 71 days of incarceration. His attorney says there is no time frame to get before a judge in Georgia. I read the O.C.G.A.code 42-8-155 and interpret it as there is a tie frame. Am I misunderstanding this? Is says 'repealed effective June 30, 2008'. Does that mean this code will be obsolete then?
Anyone know where else I can research this?

Hello ump:

I don't know what that code says and this isn't the place for that kind of detailed legal analysis.

What I can tell you is that there is a Constitutional right to a speedy trial. There's no mention of a speedy revocation hearing.

As a matter of fact, when your boyfriend was arrested, he was already a prisoner doing a sentence. Prisoners have less rights than citizens.

Therefore, in my view, he has no Constitutional right to a speedy revocation hearing - and I don't know of any other rights out there.

excon

Oops! Sorry. I'm new and thought my name would come up automatically. I posted the question.

Umpeshul

Ok, first in Georgia a speedy trial in Georgia can be a little over a year, more if the person makes bail. And about 3 months to get to a probation or parole hearing is about normal around here.