Legal Question in Criminal Law in Georgia

Overturning a guilty plea?

I plead guilty to a charge of possession after my lawyer had me convinced I had plead guilty to the first offenders act. About 6 mos down the line I found out this was not the case.... I had been to court three times before he bothered to even show and when he did I had no real understanding of my case or what exactly was going on. This was my first felony charge I had no priors for possession. At first the lawyer said that he would work with me to try to straighten out this matter, then finally because I had been checking with him to see the status and what he was going to do. He told me I would just have to live with it! There was nothing I could do. I had planned on finishing my last year of college and it has been very difficult finding work, with or without a felony. Is there any thing I can do to rid my record of this one time felony...The judge seemed to be a very caring person and I thought about writing to him. I am lost and don't want this shadow over me for life. It is said that the United States is the only place in the world that punishes a person forever for a past felony. Please Help me....I truly deserve the chance! What can I do?


Asked on 4/13/04, 5:36 pm

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

Re: Overturning a guilty plea?

There is a difference in the way felonies and misdemeanors are handled. Unfortunately for you it is more difficult to address your concerns in a felony case.

To begin with, I believe you will have to consider an action to expunge your record, if there is not some filing, post sentence, which would have the effect of the court retaining jurisdiction over the matter. Did your previous attorney file a motion to withdraw the plea, or a motion for new trial within thirty days of the entry of the sentence? If not, I believe some form of a motion to expunge the record under the circumstances is your best bet and you may be required to complete your sentence before doing so.

I will be happy to discuss this matter further if you wish.

Jim Hough

770-607-5300

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Answered on 4/14/04, 9:39 am


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