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Published Sunday, February 05, 2012 in Local

10 headed to jail: Cell phones, community service don't mix

By John Winters

The Newnan Times-Herald

Do not bring your cell phone when you are reporting for court-ordered community service.

You could end up in jail.

That's already happened recently in Coweta County to about 10 people who, despite repeated warnings, were caught with cell phones. Those individuals, who also had another violation -- behind on service hours, not paying their fine or something similar -- are booked into the Coweta County Jail.

Because it's a violation of probation, they can't bond out and have to stay in jail until they appear before a judge. And those hearings are only held on Thursdays at the jail, which means some could spend days there based on when they were arrested.

"I strongly urge you to leave your cell phone at home," said Jesse Pollak. "It's not worth it."

Pollak was one of those arrested and said she simply forgot she had it in her backpack.

"We are very serious about this," said Michael Terrell, chief probation officer for the Coweta County State Court. "Probation is part of your sentence ... and if you violate your probation you can go to jail.

"People ask us if they can really go to jail for this, and we tell them 'yes,'" he added.

Over the last few weeks, an increasing number of people were violating the cell phone ban, leading the probation office to take more serious steps -- basically, pre-announced pat-downs.

It's a safety issue for the probation office, Terrell said.

"A lot of them are out picking up trash and wanting to put in headphones or start texting," he said. "They might not be paying attention and we don't want anyone stepping out into the street and getting run over."

Authorities also don't want individuals working community service, especially in more remote places, to be able to call and have some friend show up and bring them something or potentially cause problems for county employees.

When sentenced to community service, defendants are given a copy of the probation order, which is signed by the State Court judge, a probation officer and the defendant.

Section 11-G states "The defendant shall not possess a cell phone, pager or any other electronic device while performing community service."

And when defendants show up for community service, they are reminded that cell phones are not allowed, Terrell said, adding they must return them to their car, or they can surrender them to the probation office if they need the phone later to call for a ride home.

"They are asked to surrender their phones when they come in," he said. "We return them at the end of the work day... we are trying to be accommodating."

Over the last 10 days or so, the probation office has conducted eight or nine pat-down searches. And the officers tell the defendants about the search beforehand.

"We give them another chance," Terrell said.

Nevertheless, about 20 individuals were found with cell phones in their possession. If they don't have another violation, they are sent home and do not get credit for working that day.

Those who have another violation are arrested and taken to jail.

"People just don't seem to understand that if you don't do what you're supposed to do, you can go to jail... even if it is a misdemeanor," Terrell said.

At any given time, there are 150 to 200 individuals working community service each week. Weekdays average between eight and 30, while Saturdays can have as many as 70, Terrell said.

Most of the work involves janitorial services in county buildings, outside maintenance or picking up trash.

As part of their probation, there is a dress code and probation officers can test for alcohol or drug use at any time.