Expert: Robin Sexton - 8/15/2009

Question
my husband has a technical probation violation out of the state of georgia. he moved to seattle wa to be with me with out permission from his probation officer. he has a job in seattle. my question is how long can montana hold him for georgia. and how much time can he get for this violation?

Answer
Marie,

Sorry about the problems your husband and you are having.  Their is no set amount of time Montana can hold him.  There are several issues, will Georgia come and get him for the probation violation.  This would normally entail and extradition. If he contests the extradition this obviously would make it longer.  Most jurisdictions now require subjects to sign a extradition waiver before they are placed on probation to avoid this issue.  It also depends on how long Montana is willing to hold your husband as the costs is theirs not Georgia's.  I would suspect that if there is not extradition issue the matter should be dealt with in 30 days. As far as penalty for the violation.  Probation is in lieu of a jail sentence.  Because he left the jurisdiction of the court with our permission and now Georgia may have to incur the cost of the extradition he could be looking at finishing out the remainder of his sentence in a Georgia jail or prison.  Further he could be assessed costs of the extradition and Georgia could have a criminal charge that could be added.  This is more then a technical violation, your husband if returned to Georgia will need to consult with an attorney or he could be facing some very serious issues alone.

Good luck

robin