Dalton challenged on probation violators

PDF: Motion to dismiss probation warrant

The Dalton, Ga., public defender filed a motion Thursday that claims the city court acted illegally by not holding a hearing for several offenders who violated their probation and were jailed.

At least seven inmates who were arrested for violating their probation have been held in jail for as long as three weeks without a preliminary hearing, said Josh Smith, public defender for the Dalton Municipal Court.

"You can't leave someone in jail that long [without a hearing]," he said.

The inmates should be read their charges and the city judge should hear their case within 72 hours of an arrest, he said.

The motion, filed in City Court, requests that a hearing be held for those probationers who have been denied one and that their cases be dismissed altogether, Smith said.