Georgia First Offender Act

[Jman20427]

Hello All. Just a quick question as I have a minor misdemeanor in the state of GA. Nothing that is preventing me from getting a job or anything, but having come across this statute I find it interesting that I have the opportunity to get this off my record.

How do I go about entering a plea under the First Offender Act? I am from up north, so would this involve calling an attorney from GA or an attorney from where I am?

I know I probably shouldn't use it for a misdemeanor, but its unlikely I will get a violation in GA again.

 

[mustanginky]

you would need an attorney from the prosecuting state.

 

[silver03svt]

And also check the first offender act to see if it applies to your offense as some will only apply to misdemeanor drug charges.

 

[jshen]

Foa

It is applicable if the offense allows it and the judge accepts it. For example no FOA on DUI. Keep in mind that what may sound like a good deal can come back to bite you squarely on the buttocks....First you are put on probation and that is transferred to your state of residence for supervision. Second, you must get this accepted in advance as some states do not like it or do a poor job in supervision. Third, any violation ?- Ga may "invite" you back here by way of prison transport, and if any violation occurs you may be resentenced up to the maximum provided. The charge and arrest- IS STILL ON NCIC/GCIC and inquiring agencies can access it. A query that is not law enforcement related will not show up if one completes it.

Every defendant says I won"t be back or I won"t violate....and they're pretty upset when they get hammered upon return. Also, you need to know a violation of the law- anywhere - can trigger revocation and resentencing and it is up to local probation to make that call.

 

[Jman20427]

Ty everyone.