There is no one free crime rule

Many individuals who are accused of a crime have questions about what will happen when they go to court, or what will they face when they see the prosecutor/judge. The concern is real. The concern is understandable. What is confusing is the factors that they think are going to impact the prosecutor and/or judge in deciding on the merits of the case. For example: 

• I have a totally pristine, clean record 
• I have never been in trouble before 
• I am an honor’s student in college 
• I am almost finished my nursing program with a B+ average 
• I have two small children, and I am the sole financial support 
• I have a severe disability, which prevents me from walking, standing, working 

 I have read hundreds of questions on-line and listened to hundreds of clients in my office repeat these same words over and over. The judge does not care about your academic success, or your family obligations. As far as the judge is concerned, IF your grades reflected your intelligence, you would not be in court on misdemeanor marijuana charges, or shoplifting charges or DUI charges. IF you really were concerned about your family and/or your familial obligations, you would not be charged with DUI after blowing .12 on the breathalyzer. And as for the disability that prevent you from being on probation, or doing any community service, or serving any time in jail, IF you can stand to drink then you can stand to pick up trash. 

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Experienced criminal attorney

For whatever reason many folks are under the impression that a criminal conviction can be or will be expunged or sealed after some finite period of time.  Nothing could be farther from the truth.  Whether the accused has entered a guilty plea (i.e. I did it and I am ready to take responsibility for doing it), a nolo contendere plea aka nolo plea (i.e. I am not contesting the evidence the state will offer to the judge), an Alford plea (i.e. I am not guilty, but having looked at the evidence against me, I think it is in my best interest to enter a guilty plea), or a first offender plea (i.e. this is the first trouble I have ever been in), the arrest and disposition of the case will be available for all to see, forever.  

    Expungement only becomes a possibility when someone is trying to get an “arrest” off of his/her record, not a “conviction”.  In Georgia, O.C.G.A. § 35-3-37 controls expungements. An arrest expungement is fairly simple if an individual has been arrested, and: (1) is released by the arresting agency prior to the case being  referred to the prosecuting attorney (i.e. District Attorney or Solicitor General); or (2) the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation. O.C.G.A. § 35-3-37(d)(1).  In effect the statute views the arrest as a mistake, and as such it should not remain on the person’s criminal history.


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experienced criminal attorney