***
DeKalb County
:
Enforce Code of Ordinances
regarding
signs at 1840 Mason Mill Rd
327 supporters
***
PETITION UPDATE
Results of Avery Probation Revocation Hearing
FEB 13, 2018 — Jim Ed Avery, the property owner at 1840 Mason Mill Road, was found to have violated the terms of his probation and was remanded to the DeKalb County jail for 30 days. The violations occurred specifically on September 9, 2017 and November 1, 2017, when Code Enforcement officers found that the signage he had in his front yard exceeded the square footage allowed by the code.
When released from jail, Mr. Avery will be subject to drug testing every two weeks and visits from his parole officer. Also, code enforcement officers will be expected to view his property on a regular basis. Should he be found to be in violation of his probation again, a warrant for his arrest can be applied for immediately.
The Public Defenders’ Office was released from representing Mr. Avery, which means that in the future he will either have to represent himself or pay to retain outside counsel. No additional fines or mental health evaluations were added to the conditions of his parole.
Judge McCoyd stated that in his original order he had tried to establish clear parameters and consequences that were fair to both Mr. Avery and the County. However, it was clear that Mr. Avery had not taken the court proceedings seriously and that his display of excess signage signified his lack of concern about county ordinances and his defiance in complying with those ordinances.
The Judge was not willing at this time to consider Mr. Avery in violation of his parole due to his creating a “hazardous and offensive condition in our community.” However, the Judge did seem to indicate that he might consider this argument in the future should Mr. Avery return to court.
The neighborhood owes a debt of thanks to those residents who attended this trial. It started at 9 a.m. and went to noon, when it was recessed until 2:15, with the verdict being rendered at approximately 3:00 p.m. Several residents stayed until the bitter end. We were frustrated with the judgment, but were told by the lawyers present that a 30-day jail sentence is a very hefty sentence for what began as essentially a code violation matter, and that the penalties will increase should Mr. Avery continue to violate his parole conditions.
When released from jail, Mr. Avery will be subject to drug testing every two weeks and visits from his parole officer. Also, code enforcement officers will be expected to view his property on a regular basis. Should he be found to be in violation of his probation again, a warrant for his arrest can be applied for immediately.
The Public Defenders’ Office was released from representing Mr. Avery, which means that in the future he will either have to represent himself or pay to retain outside counsel. No additional fines or mental health evaluations were added to the conditions of his parole.
Judge McCoyd stated that in his original order he had tried to establish clear parameters and consequences that were fair to both Mr. Avery and the County. However, it was clear that Mr. Avery had not taken the court proceedings seriously and that his display of excess signage signified his lack of concern about county ordinances and his defiance in complying with those ordinances.
The Judge was not willing at this time to consider Mr. Avery in violation of his parole due to his creating a “hazardous and offensive condition in our community.” However, the Judge did seem to indicate that he might consider this argument in the future should Mr. Avery return to court.
The neighborhood owes a debt of thanks to those residents who attended this trial. It started at 9 a.m. and went to noon, when it was recessed until 2:15, with the verdict being rendered at approximately 3:00 p.m. Several residents stayed until the bitter end. We were frustrated with the judgment, but were told by the lawyers present that a 30-day jail sentence is a very hefty sentence for what began as essentially a code violation matter, and that the penalties will increase should Mr. Avery continue to violate his parole conditions.
***
Overheard
during
Probation Revocation Hearing
:
"As we live on a round planet,
'neighborhood',
is an obsolete term."
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
:
:
Although not the same as saying having been
Officially Documented
as part of...
Public Record
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