The Roch Law Firm, P.C.

Will I Go To Prison Or Can I Serve My Sentence On Probation?


Many factors go into determine the appropriate sentence in any case. The best way to position yourself to achieve the best outcome in your case is to work with your attorney. In some cases I can suggest things you can do to put yourself in the best light to the prosecutor and judge; be it performing community service or taking courses prior to your final court date. However, I do not recommend starting any such programs until you have hired an attorney as not every prosecutor nor every judge will consider such efforts.

What Is A Probation Detention Center?

Commonly abbreviated as the “PDC”, a probation detention center is NOT the same thing as a county or city detention center. The PDC facilities are run by the Georgia Department of Corrections and, in some cases, is an alternative to a prison sentence. Inmates are still incarcerated but it is, in most cases, a preferred alternative to a prison sentence. The Georgia Department of Corrections has additional information available on its web site at http://www.dcor.state.ga.us/Divisions/Facilities/ProbationDetentionCenters.html

How Long Must I Serve Before I Can Expect Parole?

The short answer is that it depends on many factors include the charge you are ultimately convicted of, your criminal history, the underlying facts of the offense you were initially charged with if different from what you pled to, as well as other factors. Since questions involving parole eligibility depend on these facts, these questions are best answered during a consultation with an attorney. No attorney can guarantee that you will parole within a given time frame since the decision is ultimately up to a board of individuals which is subject to change.

How Do I Find Out Bond Information?

Bond for some offenses is set by a schedule decided by the local judiciary. Some offenses have no schedule bond and a motion for bond must be filed and set by rule nisi for a hearing. To see if a bond has been set in a particular case contact the staff of the facility where the defendant is being held. For example, in Cherokee County, you may call the Cherokee County Adult Detention Center (678-493-4119) to ask about the bond amount.

How Do I Bond My Loved One Out Of Jail?

The first step in bonding someone out of jail consists in contacting the jail to confirm that a bond has been set for the defendant as well as the amount. You should also check to confirm that there are no “holds” for other jails. A “hold” means that if you make bond, the defendant will not be released but will instead be transported to somewhere else. If you are told there are no holds that does not mean that a hold won’t be found upon bonding but it is nevertheless a good thing to ask. At some detention facilities, it may take several hours for processing to be completed and for a bond to be set. For some misdemeanor domestic violence offenses, the defendant will have to wait until seeing a judge before bond is set. This hearing can take up to 72 hours. For some serious felonies, the defendant will have to see a Superior Court judge before bond is set. In cases where the defendant needs to see a judge, hiring an attorney can speed up the process of having bond set by getting the defendant into court sooner than they ordinarily would.

Once bond has been set, you will need to arrange to post bond. This may be done by posting the bond directly to the jail, using a bonding company, or posting a property bond.

In general, the best information on the specific bonding procedures for a specific jail is that jail. Jail personnel are used to explaining the bonding process to the public and if you are interested in using a bonding company, most jails will provide a list of approved bonding companies. Be aware that jail personnel are prohibited from recommending a specific bonding company. Many sheriff departments in metro Atlanta have websites that have pages dedicated to the bonding process as well.

How Can I Talk To My Loved One At The Jail?

You may visit your loved one at certain times. Contact the jail to inquire about visitation dates and times. At most jails, you must sign up in advance for an appointment to visit; to do this, you will need to appear in person with photo ID and the deputies at the front desk will assist you.

You may also put money in your loved one’s jail account so that they may purchase a phone card, which they can then use to call you. Speak with your cell phone provider to determine if your phone service can receive these kinds of calls.

Many cities and counties are now offering video phone visitation and when offered many families and inmates find that is the best way to stay in touch.

Are Jail Telephone Calls Recorded?

Calls are subject to being recorded and in most counties are, in fact, recorded. It’s best to assume that they are and conduct your conversation with that in mind. Never, under any circumstances, discuss any aspect of a case with anyone in jail. Even innocent conversations are subject to the prosecutor taking your words out of context and painting the worst possible picture. It’s far easier to avoid such problems than it is to fix a needless problem.

How Can I Help My Loved One Get An Attorney?

If your loved one is indigent or cannot afford an attorney, he may apply for Indigent Defense. For those with charges in Cherokee County, representatives of the Cherokee County Indigent Defense office visit the jail frequently to assist people in obtaining a court-appointed lawyer.

If your loved one is not indigent, or is deemed “not indigent” and thus not eligible for a court-appointed attorney, you can help by contacting an attorney in the area and hiring him on your loved one’s behalf. At the Roch Law Firm, it’s as simple as making a phone call to (770) 345-7624. We’ll make an appointment for you to come into our office and discuss your loved one’s case with us. We’ll then let you know how much our representation will cost if we believe we are the best people to help with your case. If we can’t help, we’ll point you in the direction of someone who can. In fact, we like to recommend that you consult more than one lawyer and go with the one you’re most comfortable with.

Please note that it’s our policy not to conduct a potential client meeting at the jail until we are hired. We require that a third party come to our office to discuss the case if the potential client is not available to do so.

How Can I Find Out When My Loved One Is Released?

In counties served by the V.I.N.E. the easiest way to be notified of your loved one’s release is by signing up for automatic notification at https://wwvinelink.com.w. You can choose to be notified by telephone or by email. Once you have signed up, the VINELink system will notify you of any change in your loved one’s incarceration status.

For counties not served by the V.I.N.E. system, you will likely need to wait for your loved one to call you upon her release or sit in the waiting area at the jail and await their release.

For more information on Incarceration & Probation In Georgia, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 345-7624 today.

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