I am on probation in Florida for Pub. Intoxication, Battery and trespass, and have had my probation transferred to my home state Georgia. I recently got arrested for mj possession and simple battery after fighting with a friend. Should I plea nolo or take first offender on the possession charge? Which would fare better in the eyes of the original state of probation issuance, Florida. I am more concerned with not violating my probation in Fl, than with keeping anything off my record. Please help advise.

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Originally Posted by Jasoninatl

I am more concerned with not violating my probation in Fl, than with keeping anything off my record. Please help advise.

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Hello J:

Your probation isn't IN Florida any more, and Georgia WILL find out about it, because you are REQUIRED to tell them. If you don't, THAT all by itself, will be a violation. So call your PO and TELL him.

Then take the best deal you can on the pot offense, and deal with the violation when it comes up.

excon

You will be violated by the Georgia probation officer.And call PO and explain it all, you should have already told him the minute you were charged, that can be a more serious violation in Georgia than the actual crime if you don't tell the PO right away

Ok, thanks for the advice. I did tell my PO here in Ga, so I shouldn't have problems with that. As soon as I was arrested, I was taken off mail in reporting, and placed on call in reporting - I would suppose so that they can tell me if I have to come in to test. Do you think nolo would be better than first offender in the pot charge?

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Originally Posted by Jasoninatl

Do you think nolo would be better than first offender in the pot charge?

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Hello J:

I don't know the details, but not guilty is ALWAYS best.

excon

Well, it was pulled out of my pocket during being arrested for the simple battery stemming from the fight- after the fact. So I don't think I can plea not guilty, as it would not go over well considering the circumstances. If it had been in my car - at least I could have said it wasn't mine. I know - I was stupid. I thought it was a traffic stop, boy was I wrong.

Hello again, J;

After considering all your options, maybe pleading WOULD be your best course of action.. But, there's a lot of unanswered questions regarding their RIGHT to search you.. I'd consult with a lawyer BEFORE I said anything or plead to anything...

excon

Nolo is normally only used if and when there will be a law suit and you don't want the quilty plea to be able to be used against you. So if the person you were fighting with is going to sue you, nolo is the way to go.

I do have a lawyer, and she has advised me to plea first offense, as this would keep it off my record once my probation is served. I know for a fact that there will not be a lawsuit for the simple battery, as my friend has signed an affidavit stating that he wishes for the charges to be dropped and not pursued by the state. It also states that while he did not need medical attention from the fight, I was hospitalized due to my nose being broken in 2 places along with hairline fractures around my eye socket. My concern is figuring out what plea would be best considering that I'm already on probation. I don't want to violate my probation as the original charges in Fl were quite serious - resisting arrest w/ violence, pub. Intoxication, and trespass - although in this case the cops put me in the hospital due to beating the sh*! Out of me. I just want to get through this and return to my normally scheduled life programming… does nolo look better than first offender, or should I follow the advice of my lawyer. I'm trying to figure it out on my own - rather than just blindly following advice. Some lawyers lead folks down the wrong path….