Local Petition Challenges Prolonged Probation Holds in Muscogee County

A grassroots petition is calling attention to extended probation holds in Muscogee County, alleging that probationers are being jailed for months or even years without hearings or bond, raising serious due process concerns and drawing scrutiny from legal experts across the state.

Local activists Brandi Cliatt and Andrea Baker launched the petition on Change.org, claiming that individuals on probation are being held in the Muscogee County Jail far beyond the typical 90-day legal standard for indictment or probation bond proceedings. The petition describes a system in which probationers face indefinite detention without timely access to legal recourse.

"It's a financial strain if they have family members that they're providing for," Baker said. "From a mental standpoint, it's really mentally draining."

The petition, titled "Stop Muscogee County Extended Probation Holds," asserts that inmates are being "held indefinitely without proper legal proceedings, destroying families and livelihoods." One example cited is the case of Jebre' Howard, who has been incarcerated since October 30, 2024, without bond or formal charges. Supporters say Howard had no previous violations in seven years of probation and that the district attorney's office is blocking any bond consideration.

"Attorneys outside Muscogee County have said this is not normal," Cliatt said. "Typically, this should be a 90-day process to either indict, provide bond, or move to probation."

The claims were brought to and have drawn concern from Atlanta-based defense attorney E. Jay Abt of the Abt Law Firm, who said the prolonged detention of probationers without hearings could constitute a due process violation.

"Holding someone on a probation detainer for months or years without a hearing is essentially jailing them without due process," Abt said.

Georgia law generally requires that jailed defendants be indicted within 90 days or be granted bail. However, probation detainers create a legal loophole, allowing continued detention without bond regardless of the status of new charges. Legal precedent, including the U.S. Supreme Court's decision in Morrissey v. Brewer, holds that parolees and probationers are entitled to timely revocation hearings.

"Normally, Georgia law wouldn’t let you sit in jail past 90 days on unindicted charges," Abt explained. "But with a probation hold, the hold itself is what keeps you in jail — and that isn’t subject to the 90-day limit in the same way."

Cliatt and Baker say they have attempted to engage with local leaders and media outlets with little success. "I reached out to all news sources, even the mayor. No responses," Baker said.

Legal observers say the described practices deviate from standards observed in other Georgia jurisdictions. In many counties, probationers accused of new offenses receive a bond or a revocation hearing within a few weeks.

The petition also argues that extended detentions undermine the ability of inmates to defend themselves. "These prolonged holds effectively prevent inmates from adequately defending themselves, creating a system that perpetuates injustice and undermines basic legal rights," the petition reads.

As of now, Muscogee County officials have not issued a public response. The petition is directed toward the Muscogee County Superior Court, urging judges to establish clear limits on probation holds and provide timely access to hearings or bonds.

Legal scholars note that extended probation holds have come under increasing national scrutiny. The high-profile case of Kalief Browder in New York, who spent three years in jail largely due to a probation hold before charges were dropped, has become a cautionary tale.

The Muscogee petition seeks to prevent similar tragedies. "Everyone deserves a fair trial," the petition states. "And no one should be left behind bars indefinitely without their day in court."

The petition continues to gather support online, with organizers hoping that public pressure will lead to policy reforms that align Muscogee County’s probation practices with both state law and constitutional protections.

For more information, visit: https://www.change.org/p/stop-muscogee-county-extended-probation-holds