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Analyzing Banishment Post-Parole in Georgia

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Location: Georgia  |  Law type: Criminal defense attorney
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My son is just finishing up a sentence in prison and has been paroled.  He had everything straight for him to get out and come home, but the parole said that he has a banishment for this judicial circuit. But his family his children his job and all his means of transportation are in this circuit.    He has served 4 years in prison on drug charges it seems to me he has paid his dues.     Can the banishment be lifted??

 

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Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Georgia. If the response is inadequate, please submit a detailed inquiry.

Analyzing Banishment Post-Parole in Georgia

When an individual has completed a prison sentence in Georgia and is granted parole, it can be discouraging to learn that they face additional restrictions like banishment from a particular judicial circuit. This can be particularly challenging when the person's entire support system, including family, children, employment, and transportation, is within the banned jurisdiction.

Relevant Georgia Laws:

Solutions to Challenge Banishment:

Given the situation, you might consider the following steps:

  1. Appeal the Banishment: Consult with a criminal defense attorney familiar with Georgia parole conditions. They can file a motion or appeal the parole board's decision based on the undue hardship it would cause your son and his dependents.
  2. Parole Plan Revision: Propose an alternative parole plan that meets the board's concerns but allows your son to return to his home circuit. This may involve regular check-ins, substance abuse programs, or other monitoring.
  3. Seek Employment and Residency Outside the Banished Area: As a temporary solution, your son could look for employment and a place to stay outside the banished circuit until the banishment can be challenged or expires.
  4. Legal Documentation: Collect evidence that demonstrates the necessity for your son to reside within the banned circuit. This includes employment contracts, child custody agreements, and affidavits from family members.
  5. Find the right lawyer experienced in parole and banishment issues to guide you through the legal process.

Estimated Costs for Legal Assistance:

Service Average Cost in Georgia
Initial Consultation with Attorney $250 - $500
Filing Motion to Challenge Banishment $1,500 - $3,500
Alternative Parole Plan Development $800 - $2,000
Legal Documentation & Evidence Collection $600 - $1,200
Comprehensive Legal Representation $5,000 - $10,000

Request for Further Information:

It would be helpful to have more information about your son's specific situation. This could aid in finding a more tailored solution. Is there any documentation or specific rationale provided by the parole board regarding the banishment?

It's crucial to take action promptly. Consult with professionals to ensure the best outcome. If you're unsure where to start, you can ask a free legal question.

Relevant Questions:

  1. Did the parole board provide specific reasons for the banishment? - This will help understand the rationale behind their decision.
  2. Is there a designated period for the banishment? - Knowing if and when the banishment will expire is crucial.
  3. Has your son had any prior incidents that might influence the parole board's decision? - Previous behavior can impact parole conditions.

Frequently Asked Questions in Georgia Regarding Parole and Banishment:

How common is banishment as a parole condition in Georgia?

Banishment is used as a parole condition in certain cases, especially when the board believes it might prevent repeat offenses. However, its use has been controversial, and some argue it can be counterproductive.

Can parole conditions be appealed or changed?

Yes, with the assistance of an attorney, parole conditions can be appealed or modified. The success of such efforts largely depends on the individual case's circumstances.

Is there a difference between probation and parole in terms of conditions?

Yes, probation is a part of the criminal sentence itself, while parole is a conditional early release from prison. Both can have conditions attached, but they serve different purposes in the criminal justice system.

Do parole conditions apply for the entire duration of parole?

In many cases, they do, but conditions can be reviewed and changed, especially if there's a significant change in circumstances.

If banished, can an individual visit the area for specific reasons, like court appointments?

Typically, an individual would need to obtain permission from their parole officer for such exceptions. Violating banishment without proper authorization can have severe consequences.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Analyzing Banishment Post-Parole in Georgia" has been changed 2 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Georgia & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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