Attorney: Dylan W. Greenwood
Charge: Child Abuse
Case Result: Dismissed by Court Upon Completion of Conditional Discharge
County: Forsyth
What Happened
The clients had friends over after putting their toddler to bed. This was the first time in a long time that they had the ability to “let their hair down.” Later on that night, one of the parents tripped over a piece of furniture and hit his head in the fall. Believing the parent had suffered a head injury, 911 was called and a police officer responded with EMS. The friends left before any first responders arrived. The police officer, after talking to both parents, believed that all remaining adults in the residence were under the influence of what he believed to be marijuana. The officer issued a citation for both parents due to these circumstances.
Defense Strategy
Upon meeting with the clients, they indicated that they did not believe they had marijuana that night. We have had clients be under the influence of substances in other cases, whereby they did not know what had been ingested. This can be a scary prospect for those people. So, we immediately sent these clients for a full panel of drug tests.
Conditional Discharge
Although the full panel of tests came back negative for all substances, the officer involved was adamant that our clients were under the influence of some substance. The statute for child abuse does not require the actual substance be proven, so we were met with resistance from the District Attorney. This is what led to the Conditional Discharge. Conditional Discharges give clients an opportunity for a second chance.
A client must plead guilty in court. However, it is stipulated with the Court that the client will complete a Conditional Discharge program. These programs require the client to complete a set of requirements in a specific amount of time. If those requirements are successfully completed in time limit, a dismissal is granted, and an expunction can be secured—as long as the client is not a convicted felon.
Successful Conditional Discharge and Expunction
The clients successfully completed the Conditional Discharge program. With the clean drug test and our representation, their only requirement was to not get in trouble for six months. Once the Court granted their dismissal, our office immediately began the expunction process. Within weeks (If there is a backlog, it could be a few months.), their records were completely clear and no employer would be able to see their initial charges on a background check.