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  1. #1
    Join Date
    Oct 2011
    Posts
    5

    Default How to Overturn a Nolo (No Contest) Conviction

    My question involves criminal law for the state of: Georgia

    I caught a misdemeanor in DeKalb County, Georgia in 2010 for possession of a controlled substance.
    I had less than an ounce of marijuana in my possession. I pleaded no lo. I completed my probation, did my community service and paid my fine. Its behind me now but I am getting absolutely murdered in the job market. Literally no one will hire me in this tight job market.
    I plan to find a lawyer in DeKalb County to appeal or overturn the conviction.
    I earlier read: It can be done but you will have to hire an attorney to bring the appeal. Many times defendants win these appeals in local courts because the court does not main adequate records to support the appeal but you will have to review this with a criminal defense attorney in the county where you have the conviction.
    How can I go about finding such a lawyer and am I wasting my time.

  2. #2
    Join Date
    Jul 2010
    Posts
    3,715

    Default Re: Overturn a No Lo Conviction

    What is the basis of your appeal? You can't appeal/try to reverse a conviction just because the consequences of your plea suck.

  3. #3
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Overturn a No Lo Conviction

    You, for all practical purposes, plead guilty. A nolo (contendere) (or: no contest) plea, in a criminal case, is tantamount to a guilty plea. There is no justification to allow an appeal simply because you plead nolo.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,004

    Default Re: How to Overturn a Nolo (No Contest) Conviction

    Quote Quoting Hotlantadad
    View Post
    How can I go about finding such a lawyer...
    Read this. The phone directory for the county seat (the city where your courthouse is located) likely lists a lot of lawyers, and often offers a list by practice area, so you should be able to find a lot of criminal defense lawyers with whom to discuss your case. You can obtain a copy of your court file from the court (expect to pay a per page copying fee) for any lawyer you meet with to review.
    Quote Quoting Hotlantadad
    ...and am I wasting my time.
    Quite possibly, but what choice do you have? It's either try having the conviction set aside or live with the record.

    The sentence you share suggests that the person who wrote it believes that relief will often (usually?) turn on whether or not the trial court record is incomplete or if the trial court made a significant error, as opposed to the merits of the challenge itself.

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