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Violation of Probation Frequently Asked Questions

When will defendant be released from custody?

The Defendant must appear before the sentencing Judge to address the violations before he/she may be released from custody in a procedure known as a Probation Revocation Hearing.  After arrest, the Defendant’s Probation Officer will alert the Court that the Defendant is in custody, and the Defendant will be added to the next available Probation Revocation Court Calendar for his/her sentencing Judge.  

The Defendant will be served a petition while in custody, including the Court date. The Defendant may provide this information to family/friends at his/her discretion.

Unless otherwise available via public access through the Clerk of Courts, information maintained by the Probation Office is deemed confidential.  Probation may only discuss case specifics and violations with the Defendant and his/her appointed or retained attorney.  Upon arrest, the Defendant is informed of the violations listed on the arrest warrant and may share that information with family/friends at his/her discretion.

Probation is a jail sentence allowed to be served in the outside world as long as the Defendant abides by the terms and conditions ordered by the Judge. If the Defendant violates those terms and conditions, the Judge may “revoke” (or take away) the privilege of serving “outside world” time and order that some or all of the jail sentence be reinstated. If the remainder of the sentence is revoked to be served in custody, he/she would no longer be under probation supervision upon release.

The Judge may order the Defendant to serve more time in jail than was served during the previous violation (up to the entire amount of time remaining on the sentence) or release the Defendant back to probation supervision and impose additional conditions to be made part of the probation sentence.

Bond may be set only by the sentencing Judge (not the Magistrate Judge) for the offense of Violation of Probation (VOP); however, Cherokee County State Court Judges will not grant bond on VOP offenses, and Defendants must remain in custody until the time of their Revocation Hearing.

When there is a violation, probation notifies the Defendant and the Judge.  If the Judge chooses to issue a warrant for the violation, probation is not required to notify the Defendant that a warrant has been issued.

You may contact the PO on this case via email or work cell. Please respect his/her time and leave one complete message (your name, how to contact you, the Defendant’s name, and your question). Allow two to three business days for a reply.

Probation cannot provide legal advice.If you think it is necessary to contact an attorney and seek legal advice, please do so. If you choose not to retain an attorney, an Attorney of the Day will be present in Court to provide legal advice to the Defendant.

The Cherokee County Adult Detention Center is located at 190 Chattin Rd.  The phone number is 678.493.4200, and their website is https://cherokeega-sheriff.org.   It is highly recommended family/friends visit the website before calling or showing up at the jail.  The website contains information about adding money to the inmate’s commissary account and how to set up virtual appointments and video visits at the jail. 

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