Should I trust my lawyer?
The first time he spoke to me he said that we'd go through recorders court and they could help erase the crime but NOT the arrest from my records. If I wanted both erased I would have to go to state court.
This time he called me and said we were just going to go straight to state court and that I would have both the arrest and the misdemeanor erased after a year of probation (and other sucky things). That we would do a pre-trail aversion since it was my first crime. Does this sound right? I know I should trust him, though he is always so rushed it makes me feel like he may just be saying what I want to hear and perhaps leaving out some undesirable details. I'm also wondering if only choice is the one year choice.
5 attorney answers
Everything your lawyer said is true. One caution is that you need to successfully complete your probationary period for that to take effect. If you mess up while on "probation" they don't have to honor that agreement and you may end up getting a record.
This doesn't sound unreasonable. Just make sure that in your probation papers it says that your record will be restricted (it is not called expunged anymore) if you complete the probation. Under the new law, the record is then automatically restricted, but make sure the attorney has negotiated that for you and it is in writing in the probation order.
Yes, you should trust your lawyer. He is the only one you can rely upon and he will do his best at getting you the most advantageous outcome. It is you against the government and he is trained in law and procedure. He is the only one who has investigated all of the facts and weighed those facts in an effort to decide what it best for you. The state attorney probably will not look deeply into the facts until right before trial.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Everything you have said sounds accurate. If you don't feel comfortable with your lawyer get a new one.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.