A plea of guilty is a frequent outcome for criminal cases. As a part of a sentence, a defendant may be subject to a special set of rules, or conditions of probation. These rules could include a Fourth Amendment Waiver, a requirement to the defendant take drug tests, and/or any number of other conditions that a lot of people have to live with.
In cases where there is a victim, a defendant can be ordered to stay away from that person while the defendant is on probation. Clients sometimes incorrectly believe that if the client and the victim moved to another county, that these conditions won’t apply.
As long as that person is on probation that stay away condition applies. No matter what county or state a person moves to, the Court Order still applies. The defendant could be arrested for a probation violation and/ or be subject to new criminal charges under the proper conditions.
Entering a plea of guilty carries heavy responsibility. These conditions will apply for the entire term of the sentence unless a judge changes the terms.
More or more often, Courts order drug/alcohol rehabilitation as a condition of any bond set for known drug abusers. These defendants happily agree. After spending months in rehabilitation, the defendant returns to Court to discover any negotiated resolution of their case requires time in prison.
“What? I’m a new person. I’ve changed.” And yet, the State seeks to punish a defendant for their past behavior.
Yes, unfortunately this is how process works right now. Courts are embracing the idea of helping individuals with their addiction but prosecutors and judges still seek to punish the behavior with prison sentences.
Can I get credit for the time I spent in rehabilitation towards my prison sentence?
Using mitigation techniques, though, a defense attorney may use a defendant’s life history, change in circumstances based on rehabilitation, and improved record of behavior to persuade a prosecutor and/or judge to give that defendant a second chance, or in many cases a third or fourth chance.
If the prosecutor and/or the judge is willing to reduce the serve time offer based on a defendant’s successful completion of the program, then yes, a defendant can receive credit.
No credit from the Georgia Department of Corrections, that administrative agency makes the determination of how much credit a person receives on the sentence imposed. Usually, that decision only includes credit for time spent in an actual jail before bond is posted. The posting of bond is the critical point.
The Board of Pardons and Paroles may use rehabilitation as factor in the parole determination.
Simply because a Court ordered a defendant into rehabilitation as a condition of bond does not create a circumstance where credit towards any sentence will be given.
© 2016 Nancee Tomlinson
Clients and family members often express concern when the idea of the Grand Jury is discussed.
The Grand Jury determines who is indicted and who is not indicted. In most cases, an Indictment, or “True Bill,” results from presentation of a case to the Grand Jury. If the Grand Jury determines that a case should not go forward, then the case is “No Billed.”
What does all of this mean?
In Georgia, the Grand Jury consists of 16 to 23 individuals drawn from the pool of people who may serve as jurors. This group meets from time to time based on the need of each individual county.
A case is presented to the Grand Jury by the District Attorney’s office. The District Attorney controls what cases are presented to the Grand Jury. Defendants have no say in presentation and no right to be present (*except for law enforcement officers charged with a crime).
The Grand Jury determines whether enough evidence exists for a case to go forward. The Grand Jury does not decide guilt or acquittal. As such, most cases presented to the Grand Jury become True Bill Indictments.
In cases where the State has little evidence or there is an affirmative defense, lobbying, information sharing, and negotiating with the DA’s office could prevent Indictment and find a resolution without Grand Jury presentation. A lawyer can best advise when these actions will have better results.
Remember, the Grand Jury presentation is but one step in the criminal justice process.
© 2016 Nancee Tomlinson
When an individual is charged with a serious violent crime, the Courts in Georgia do not automatically grant a bond. Charges for which a person can be held without bond include, but are not limited to, murder, rape, armed robbery, and drug trafficking.
Inevitably, a client will ask, “why did John Smith who is charged with murder, get a bond, and the Court won’t give me a bond?”
In all likelihood, the DA did not indict the murder defendant within 90 days of arrest. Georgia places a strict requirement that defendants held without bond must be indicted with 90 days of their arrest in order that detention without bond continue. Failure to indict results in the right to a reasonable bond.The DA determines when a case will be present to the Grand Jury for indictment. Obtaining the information necessary for a case could take longer than anyone would like. Or there may be other circumstances which are not public that could factor into the DA’s choice not to go forward.
Please understand, each case is different and rests on its own circumstances. The events and orders in one case normally do not impact the events and orders of another case.
© 2016 Nancee Tomlinson