Legal Question in Criminal Law in Georgia

On sept 15 2009 after serving 13months on a possession of cocaine w/intent i pleaded out to a lesser charge of simple possession.i was credit with time served and given 4 years of probation.my intention was to go to trial,to which i dressed out twice to pick a jury for the trial,but after being informed that my previous 12 drug arrest with no convictions would probaly sway the jury to a guilty plea although those arrest occured 15-20 years ago.i feel i was duped into taking the plea,is there any recourse that i can take to get back in front of a jury.reason being,after my plea deal,a federal judge revoc my 3 years of supervised released to which i had served 2years without any major violations and sentenced me to 24months in prison because of the state's felony drug conviction.where no drugs where ever found.a digital scale was found in my possession and the prosecutor said that it had cocaine residue on it,which was not true.i truly feel and believe i was unjustly convicted and that conviction has scarred me and taken away a lot of my rights to gov. benefits.


Asked on 12/03/10, 8:06 am

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

You can hire a new lawyer, who can then try and unwind the plea. This will be a costly, uphill battle. It sounds like your lawyer kept you out of prison with the time served plea.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 12/08/10, 8:27 am
Lawrence Lewis Lawrence Lewis, P.C.

You need to hire an attorneyto file a motion to get the plea withdrawn. IF that is successful, then you need to request a jury trial. IF you win the jury trial (no evidence to convince a jury beyond a reasonable doubt - 90%), you need to hope that the evidence that comes out at the jury trial is insufficient to convince the federal judge on your probation by a preponderence of evidence (51%) that you violated your probation. IF you are found not guilty, and the evidence indicates that you did absoultely nothing wrong, then you file a motion for reconsideration on the probation revocation.

Lawrence

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Answered on 12/08/10, 9:28 am


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