Was my nephews sentencing fair? 2 Answers as of April 29, 2011

I just had a nephew sentenced to 2 years in prison and four years probation. I hired an attorney to represent him. The attorney could not get a plea deal negotiated with the prosecutor to just give him probation and no jail time. The prosecutor would only agree to 2 years in prison and 3 years probation. My nephew and the attorney went before the judge and the judge would not agree to let him out and just give probation because of the charges and his history. He was charged with violating first offender probation for forgery and a second charge of selling crack cocaine. The judge said he also had not done his community service or paid much of the fine that he was given for the forgery first time offender probation. In addition the judge said he could not just let him go free because he had 4 driving without license misdemeanor charges in the past. The judge said he had been given the chance to avoid a felony being on his record with the first offender probation and he did not take advantage of that opportunity, therefore he had to impose some jail time. Do you think the sentence was fair? Was it a waste of money to hire an attorney or should I have just let a public defender handle the case. Should I have expected better from the paid attorney? I need to know for future reference. How much time will he serve on a 2 year sentence in the State of Georgia.

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Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We are The Goolsby Law Firm, LLC located in Augusta, Georgia. Without knowing all the facts and circumstances, it is always difficult to second-guess what happened. It would appear that the attorney did a good job, because, based upon the new charges, which included drug distribution, he could have gotten significantly more time. Therefore, it would appear that the attorney may have done a good job. Good luck!
Answer Applies to: Georgia
Replied: 4/29/2011
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
Given that your nephew's was charged with selling cocaine for a second time, his prior record, and his failure to obey the conditions of his previous sentence, I think he got a very good deal. A sentence like that would be a better than average outcome even for Fulton or Dekalb Counties. If the court is anywhere else in Georgia, I would call the outcome a near miracle. Your nephew got your money's worth and then some. His lawyer earned every penny of the fee and should be getting your and your nephew's thanks for a job well done.
Answer Applies to: Georgia
Replied: 4/29/2011
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