Probation violation out of state-Walton County, GA

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Probation violation out of state-Walton County, GA

My boyfriend’s felony PO violated him yesterday because a random company called his PO and said that he left the state & took tools from him. My boyfriend has never been out of the state. How can the jail hold him without proof? Will he be extradited to the other state (KY)? What can be done legally?

Asked on April 15, 2009 under Criminal Law, Georgia

Answers:

S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A violation of probation, or parole, only requires proof by a preponderance of the evidence.

Conviction of a criminal offense requires proof beyond a reasonable doubt.

As the threshold of proof is so low on PVs, the percentage of them which is found true is very high. The idea of probation/parole, is to see how well the offender can perform within the community. They are very vulnerable to violation so most will stay squeaky clean, and avoid all confrontations; they have less rights than the rest of the population (they are subject to search & seizure beyond a normal citizen, usually a no-weapons order, and other terms).

Your boyfriend has the right to a hearing regarding his alleged violation. He is in jail, awaiting that hearing; he has no right to trial on the accusations.

 


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