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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I was charged with cruelty to children in GA and I took first

Customer Question

I was charged with cruelty to children in GA and I took first felony - I spanked my 11 yr son for sexually molesting a 4 yr child. This happened 2 1/2 years ago my son is now 14. I have never had a record and he has never broken any bones or have ever been bleeding from something i have done to him, had 2 very thin reddend welps on his upper shoulder and one very thin belt loop mark on his back which was said to be a hanger mark. When i was interviewed i stated he was never hit with hanger or wire. They drop the wire and said blet and hanger. I pled Nolo to the charges and took the First Felonys offender act here in GA which mean no jail time or record but felony probation for 2 years they tried to give a fine but the judge said no fine, i had done a parenting class on my own no one remanded me to it. I was sentenced to 2 years probation. I have checked in and find out many drug dealers and parolees 2 time felons have the same thing as i do 2 years probation. Should I have went to trial was there something else i could have done that my lawyer was not looking into and I paid for him but really only talked to him in court. Can i go back to court and go to trial because everyone is able to see my record and it is stating cruelty to children and a felon until i am done with probation. I am embarrassed i worked so hard on my life and business and I have never been in any trouble.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

Hi

 

If the state offered you a plea a trial would not have helped you. That had the evidence necessary to convict. Regardless of the reason, if you leave marks then that charge of cruelty to children is appropriate.

 

If you filed for some type of post conviction, because you were not fully aware of the consequences of your plea, and should you be granted the right to a trial you risk being sentenced to a term of years as prescribed by law, in addition to any press that may want to cover such a trial

 

I am sorry you are experiencing this situation with you family. At this point you can only wait until your probation is successfully completed and the apply for a pardon, which will then allow you to apply for an expungement.