Is it legal for a judge to ban someone from their hometown or county?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for a judge to ban someone from their hometown or county?

My nephew has been offered a plea deal for 20 years probation with the stipulation that he cannot live in his hometown or even return to visit for the first 10 years. The public defender is telling him if he doesn’t take the deal he’ll get a maximum sentence of 5 years in prison. Can he be banished from his hometown for 10 years if he takes the deal?

Asked on December 3, 2014 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While generally Judges have great latitude in sentencing, this does sound a bit over the top and really not leaving him much choice.  20 years probation sounds excessive as well.  I think that you need to discuss this with a private attorney (no offense meant to the public defender but you can not speak with another while you are represented by the present one) about the matter.  Just on a consultation flat fee basis. It will be worth it.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption