Is it legal for a judge to ban someone from their hometown or county?
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Is it legal for a judge to ban someone from their hometown or county?
My nephew has been offered a plea deal for 20 years probation with the stipulation that he cannot live in his hometown or even return to visit for the first 10 years. The public defender is telling him if he doesn’t take the deal he’ll get a maximum sentence of 5 years in prison. Can he be banished from his hometown for 10 years if he takes the deal?
Asked on December 3, 2014 under Criminal Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
While generally Judges have great latitude in sentencing, this does sound a bit over the top and really not leaving him much choice. 20 years probation sounds excessive as well. I think that you need to discuss this with a private attorney (no offense meant to the public defender but you can not speak with another while you are represented by the present one) about the matter. Just on a consultation flat fee basis. It will be worth it. Good luck.
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