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Would I be able to qualify for a Pre-Trial Diversion for a Misdeameanor Marijuana charge?

Lawrenceville, GA |

I do have 2 priors.Both charges I was issues a citation but never finger-printed or arrested.The 1st charge was a nolo-contendre plea.And the 2nd charge was Dismissed for lack of evidence.These priors where in the State of Florida.

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Attorney answers 4


The answer is "maybe." Even though you were not arrested in Florida, since you entered a nolo plea to one of the charges in all likelihood that case was reported to the state of Floirda and is on your criminal history. If the prosecutor is aware of the prior, you will probably not qualify for diversion unless there are other issues with your case. You should really discuss your case in detail with an experienced lawyer. Please contact me at 404-812-4305 if you would like to do so.


It depends on a couple of factors. One of those is the jurisdiction where you are charged and the other is whether or not the previous charges show up on your criminal history run by the Solicitor. I see you are posting from Lawrenceville, which is Gwinnett County where I used to prosecute. If they see you have any priors, they will not let you do the diversion program. You would still have the other options for keeping this charge off your record in the long run, however. I am now a defense attorney in Gwinnett and would be happy to discuss your case and help you out. Feel free to give me a call at 678-636-9224 and we can either discuss your case over the phone or meet for an person consultation.


Usually if there are prior conviction then you may not be able to,enter a pre-trial program. However, depending on the facts and circumstances of your case it may be considered. You need to speak with an attorney. If you would like to discuss this matter further, please feel free to give our office a cal at 404-636-6616.


As. Mr. Proctor states, this will depend on the prosecutor and whether or not the priors show up on your criminal history. Also, you may have a better shot if the case is in recorder's court rather than state court.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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