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nolo plea in domestic violence case

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Old Dec 1st, 2007, 03:33 AM     #1
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Default nolo plea in domestic violence case

hello,

in 1996, pleaded nolo to two charges of simple battery (domestic violence). The judge accepted the nolo plea.

In 2004 I wanted to do therapeutic foster care, but failed the background investigation due to the simple battery charges.

I found an opinion written by former Attorney General Thurbert Baker in 1998, it says in part: Except as otherwise provided by law, a plea of nolo contendere shall not be used against the defendant in any other court or proceedings as an admission of guilt or otherwise or for any purpose; and the plea shall not be deemed a plea of guilty for the purpose of effecting any civil disqualification of the defendant to hold public office, to vote, to serve upon any jury, or any other civil disqualification imposed upon a person convicted of any offense under the laws of this state.

I realize that the opinion was written in reference to firearms, but am thinking the spirit of what it says applies to other areas as well.
(the complete opinion can be read at http://law.ga.gov/00/opinion/detail/...324785,00.html)

Does this mean that because of the nolo plea, I would be able to be a theraputic foster parent, own a gun, and other things that a guilty plea for simple battery would normally not allow ?

Thanks,

Gene
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Old Dec 4th, 2007, 02:49 PM     #2
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Default Re: nolo plea in domestic violence case

Each state has different rules on that.

You may want to consult the DA's office that was involved and ask what restrictions if any apply to you based on your case.
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