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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I was sentenced in 2003 to 10 years, 3 to serve. Never been

Customer Question

I was sentenced in 2003 to 10 years, 3 to serve. Never been in trouble before or after. At sentencing my lawyer asked for first offender. The judge said it could be addressed after serving the sentence was served. Can I do it myself?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good evening:

My name is ***** ***** I would be happy to try to help you with your legal problem today. I do need a little more clarification on what occurred and what you are requesting however before I can give you a full picture of your options. Would you be able to provide me with more details as to the issue?

Customer: replied 1 year ago.
I pled guilty to attempted robbery in cherokee co ,Ga. As I said I have never been in trouble before or since. Served 2 years and the balance on probation and parole. All cost and fines were paid on time.
Expert:  Legal-Kal replied 1 year ago.

I see. So are you asking about possible expungement as a result of the plea? If so, were you sentenced under the First Offender Act?

Customer: replied 1 year ago.
I just want to know if I can ask for first offender status myself and how to go about it.
Customer: replied 1 year ago.
The judge told us I could apply after I served my sentence. Just want to know how.
Expert:  Peter Griesch replied 1 year ago.

Before plea and sentence, you or your attorney must have asked for you to be sentenced under the First Offender Act and the judge must have agreed.

It appears that the judge did not make any decision, but instead put off the decision.

Typically, a judge's denial cannot be appealed, however, since you requested, and the judge refrained from deciding, you can apply for first offender status based upon the procedural flaws in your sentencing.

Because the process seems to have been handled improperly, it's probably not something you can handle on your own. You may want to consider retaining an attorney.

Expert:  Peter Griesch replied 1 year ago.

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