Thanks for seeking out my advice. I do handle immigration cases, but for now I'm only taking clients who have immigration consequences as they relate to a criminal charge, conviction, or investigation. I do know of a great immigration lawyer in Atlanta who may be able to help you. His name is Jama Ibrahim. http://irimmigration.com/index.php/firm-profile/jama-ibrahim/
Please contact him for advice and representation.
When was your friend sentenced? If the sentence was issued within a year, a lawyer can file a motion to modify sentence and have another opportunity to make a sentencing presentation. It definitely is not a guarantee, but it is possible to present factors at the time of sentencing which tend to mitigate the sentence. You never know what can happen, and it doesn't hurt to try. If you or your friend have the ability to hire a lawyer, please give me a call, and I would be happy to help however...
That is correct. The law is similar in Georgia. The judge tells you during sentencing, that any commission of a new offense is a violation of your probation. That is a condition that is placed on you from that date of sentencing. If you are ultimately convicted for an act that occurred before you were sentenced to probation, it cannot be used as a basis to revoke your probation.
A good attorney would tell you to take a close look at what is going on with your life currently that is causing these multiple arrests. You need to get ahead of this not only because you can end up with serious criminal consequences, but because you deserve better for your future. Definitely get some good legal representation right away before it's too late, but also try some solid reflection. Maybe counseling, AA, or something to get you out of this rut. No judgments - just experience...
Unfortunately, you only have four years from the date of the sentence to challenge the plea through a habeas corpus petition. Unless you weren't properly advised of this at the time of the plea on record, you dont have any way to challenge your conviction at this point.
You may want to spend some time drafting a really thoughtful letter that you send with job applications, etc, in order to explain how you've learned from the situation and are a better person now from the experience. There...
I agree with the answers previously given, but I also want to recommend one thing further. If this was Atlanta Police Department (APD), there is a citizen oversight board created to investigate complaints independent of the police department. While they are undergoing changes to membership and structure at the moment, filing a complaint with them will still be the most effective method. The Atlanta Citizen Review Board (ACRB)'s website is: http://acrbgov.org/
You should file a complaint...
You should speak with an attorney in order to mitigate or lessen the consequences as much as possible. You should also try to enroll in some sort of drug classes or see if the state offers this as part of a pretrial intervention program. If you're able to hire an attorney, feel free to contact me.
Unfortunately, I have to disagree with the previous answer slightly. While a plea under the conditional discharge statute (OCGA 16-13-2) was included in the new Record Restriction law (even if the date of offense was before law change), a traditional first offender sentence was not unfortunately.
Much more information is needed to properly answer this question. Are you looking to file a civil suit for damages or appeal your criminal sentence/case? If you are looking for a lawsuit, you need a civil rights "1983 lawyer."
Keep in mind that you won't be able to talk with the Judge directly (in most jurisdictions), but rather the Judge's assistant or case manager. Call the Judge's chambers (the number should be listed online), and ask for the proper procedures. Do not get into the details of the case at that time because it isn't the proper avenue. You may need an attorney to properly present your defenses and evidence.