Legal Question in Criminal Law in Georgia

First Time Offender for Felony

I plead guilty to a theft by taking charge in 1994, which was a felony. I was assured that by taking the first offender rule, my record would be clean and the felony conviction erased from my file. Ten years later, it still showed up, which caused me not to receive a job I had applied for. Also, I believe I had poor legal counsel. He was a paid lawyer, but I had to feel him in on the details of my case on the day of trial. He had no knowlegde about my case. The police harrassed me into making a statement without legal counsel, even after I requested one. Question:1)What is the first offender rule? 2)Can I get the felony conviction erased from my records? 3)Is there anything I can do about my legal counsel?

I paid over $7,000 in restitution and fees and feel I did not have to pay due to a lack of proper legal counsel. What can I do?


Asked on 11/25/04, 1:43 pm

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

Re: First Time Offender for Felony

The charge of forgery of course contemplates that you were the person who tried to copy or duplicate his signature. This is a matter which may well lend itself to the expertise of a well trained forensic handwriting analyst.

Beyond that your excellent record prior to this allegation will get you a long way.

As to your accuser, his mental health may well prove to be one of the biggest issues in the case.

In any event, you of course need representation on the criminal matter, but you should also coordinate your case with someone who handles civil matters for a possible claim against this person who has so seriously damage your name and reputation. Please call if you wish to discuss this matter further.

Jim Hough

770-607-5300

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Answered on 11/25/04, 5:58 pm


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