Legal Question in Criminal Law in Georgia

Nolo contender or guilty plea for 17 yr old 1st time offender?

I am 17 yrs old and was arrested and charged with minor in possession of alcohol and disorderly conduct. I am to appear in magistrate court.I plan to plead guilty to the minor in possession charge as my breathalizer registered .067 but the disorderly conduct charge I would like to plead not guilty to. This charge was due to the fact that when the house I was at was raided, the party was outside but I had gone inside earlier and was asleep in a recliner in the living room. No lights were on and I awoke with my hands being held behind me. I did not realize it was the cops and I was trying to look behind me to determine who had grabbed me. The cops said I was resisting arrest but charged me with disorderly conduct. I have several questions: Do I need an attorney? I would have to borrow the money from my parents. I have NEVER been in any trouble, not so much as a parking ticket. I am in school full time and have never been in trouble in school.

Should I plead nolo contender to both charges or just to the MIP charge and not guilty to the disorderly conduct? What are the benefits of pleading nolo contender?

Lastly, how can I be assured that this will not stay on my record for the rest of my life?

Thank you for your reply.


Asked on 12/13/04, 4:36 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Nolo contender or guilty plea for 17 yr old 1st time offender?

If this is a first offense, there is a way, specific to the statute, to handle the case on a diversion basis. I would strongly recommend you contact an attorney who has handled cases of this nature before. It is entirely possible to negotiate a plea which will include an acceptable resolution of the disorderly conduct matter without generating a record of conviction. If not the case is very defensible. If you would like to discuss this matter further, please call.

Jim Hough

770-607-5300

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Answered on 12/14/04, 1:21 pm


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