Despite persistent rumors, [article id="1663649"]Gucci Mane is not free[/article] -- not yet at least. Gucci's attorney, Ashutosh Joshi, told MTV News that the Georgia rapper (real name: Radric Davis) is still locked up in Fulton County Jail due to a [article id="1661665"]probation violation[/article], but he could be released later on Tuesday (July 5).

"We are hoping that Mr. Davis is released today," Joshi said. "He is scheduled to be released from Fulton County Jail. However, there are some procedural holdups between the county jail and the state prison as to whether Mr. Davis has to go back to the state prison before he can be released."

Joshi added that he has an order from a Fulton County judge that should ensure Gucci's release. A Fulton County Jail rep confirmed for MTV News that there is a chance Gucci's release would be put on hold and that there are instructions to send him up to Georgia Diagnostic and Classification Prison.

"There is an order from a Fulton County judge requiring that Mr. Davis serve his time at a Fulton County jail," Joshi said. "So it is our hope and belief that once the county jail and the state prison are able to communicate -- which we understand is occurring today, and once the state prison is aware of the judge's order, that they will remove or release any hold they have on Mr. Davis and he can be physically released from the Fulton County Jail."

According to Joshi, after serving about two months at Fulton County, the "So Icey" MC was transferred to a state prison, but due to the short amount of time he had left on his probation he didn't meet the minimum requirements to serve his time at the state prison. As a result, Gucci's legal team returned to the sentencing judge in Fulton County requesting an order requiring the rapper to serve all of his time in Fulton County. The judge agreed and Gucc's lawyer is waiting for the state to get that message.

[article id="1626277"]Gucci was jailed[/article] in April after numerous unspecified probation violations stemming from a 2005 aggravated assault case. His probation from that case will be resolved after he is released, according to his attorney.