Question: My son was in a alcohol and drug rehab facility and then went to an outpatient facility that they had for extended care. He had been doing well and over the christmas holidays he had asked to have a weekend pass over New Year's to come home and go with us to a bowl game. They denied his request. It had been his first year ever away from us at the holidays. Long story short, he went out and got drunk plus was given some pills. He and another member at the facility went to the mall and since Sanford was pretty much out of it he went into a video store and took some games and candy even when he had money in his wallet. The merchandise was taken back before they arrested him. He woke up the next day in jail not knowing what he had done. His counselor bailed him out and we hired him a lawyer. The amount of merchandise was approximately $300 because of the candy. The lawyer told us that he was going to ask for some kind of deal where if Sanford completed everything he would not have felony on his record. We had no idea that this was a possibility until they said they had lowered the limit to $300. I was there when he talked to the lawyer and at the hearing and we both we thought we understood everything. He has been working for four years, gotten married, and gone back to school. They were thinking about moving because he works for Sea Island as a caddy and they had an opening at Reynolds plantation but it came up that there was a felony on his record. His probation was transferred to Brunswick when he got a job down there. He thought everything was OK. He has really made a change in his life. Unfortunately, we can not get in touch with his lawyer who did this work. He was an older gentleman at the time and he has called and called, sent e-mails, etc. Our question is what are the options for him to see if he can get this erased or dropped to a misdemeanor since he and I were under the impression that is what would happen.. He just turned 27 and has about worried himself to death about this. Should he hire another lawyer or contact the courts. His original probation officer in Statesboro has retired so there is no one that is real familiar with his case.

Answer: He is going to have to hire an attorney. He may be able to have the plea withdrawn if the plea is less than four years old. If it is more than 4 years old, he might be out of luck.

Answered By Lawrence Lewis - Criminal Defense Attorney - Felony Offense Lawyer - Bond Hearing Attorney

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