August 16, 2024 • Posted In Criminal Defense
People know that mistakes happen in life, even if we don’t make mistakes that will result in legal charges. At Wallack Law, we understand that people are not the sum of their worst decisions. Our Atlanta criminal defense lawyer is knowledgeable in the Georgia First Offender Act and is prepared to use it in your defense whenever appropriate.
The Georgia First Offender Act is meant to provide some grace for first-time offenses that result in misdemeanor or felony charges. This is a one-time use option, and it must be used for your first offense. The Georgia Justice Project explains that there may be retroactive options to be sentenced under this act if you met the criteria at the time of sentencing and were not otherwise notified.
The First Offender Act does not remove an action’s consequences, but it does ease some social and long-term effects. If you qualify for sentencing under the First Offender Act, you will plead guilty to the charges or no lo contendere if the judge allows it. When this happens, you will receive your sentencing, which could be confinement or probation, but without a formal conviction. You will not have a conviction on your record when your sentence has been completed.
The benefit is that a conviction will not show on your record for most employment or housing checks. It can also prevent you from various other limitations from being convicted of a felony charge. However, the guilty or nolo plea is not hidden if you are arrested again.
You must meet several criteria to qualify to be sentenced under the First Offender Act, and there are several ways to become ineligible. You must request to be sentenced by the First Offender Act.
If the prosecutor denies the request, it is considered a final decision with no appeal process. This must be your first offense, meaning you will be disqualified for any other convictions on your record, whether in Georgia or any other state. This includes additional charges during your court proceedings. Additional charges will result in ineligibility for the First Offender Act and may result in the maximum sentence for those charges. Your charges cannot be for violent crimes, and most sexually related offenses will disqualify you.
The Georgia Justice Project link above states that some of the charges that may make you ineligible are:
This is not an exhaustive list, and you should speak to an attorney if you have concerns regarding your charges and eligibility for the Georgia First Offender Act. In cases of criminal charge stacking, it may be especially important to work with an experienced criminal defense attorney who can help you by providing a creative defense.
