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    umpeshul's Avatar
    umpeshul Posts: 3, Reputation: 1
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    #1

    Jan 15, 2008, 12:50 PM
    In Georgia, are we entitled to a speedy revocation hearing?
    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 Is says 'repealed effective June 30, 2008'.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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 15, 2008, 12:57 PM
    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
    umpeshul's Avatar
    umpeshul Posts: 3, Reputation: 1
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    #3

    Jan 15, 2008, 01:05 PM
    Oops! Sorry. I'm new and thought my name would come up automatically. I posted the question.

    Umpeshul
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 15, 2008, 02:10 PM
    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.
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