View Full Version : Question About First Offender!!!!
08-27-2004, 07:25 PM
I HAVE A QUESTION ABOUT FIRST OFFENDERS!!! I HAVE GOTTEN INTO SOME TROUBLE:eek: . MY LAWYER IS TELLING ME THAT I AM GONNA GET FIRST OFFENDERS AND I AM WONDERING WHAT THAT MEANS. I AM TRYING TO STRAIGHTEN UP MY LIFE NOW AND GO TO COLLEGE TO BECOME A RN. IS THAT POSSIBLE WITH FIRST OFFENDER ON THERE. IS IT TRUE THAT IT ISN'T ON YOUR RECORD AND AFTER PROBATION IT COMES OFF OF YOUR RECORD? IF I CAN'T GO TO COLLEGE TO BE AN RN THEN I WANT TO GO TO THE AIR FORCE. WELL AS YALL CAN SEE I'M TRYING AND MY OPTIONS ARE LIMITED. THANKS FOR THE HELP. HAVE A GREAT DAY!!!!:thumbsup:
08-27-2004, 07:28 PM
Well it all depends what you got into trouble for if it's state of federal? How serious it is... No matter what It's in the hands of God but there is no such thing at FIRST OFFENDERS PROGRAM. It's all up to the judge.
08-28-2004, 07:18 AM
I Was Charged With Possesion Of Crack Cocaine With Intent To Distribute, But It Was Dropped Down To Simple Possesion. It Was State Not Federal!!!! Thanks For Your Help
08-28-2004, 06:46 PM
SENTENCING & PROBATION IN GEORGIA
Sentencing for many criminal offenses, both felony and misdemeanor, often involves probation. Once convicted, a sentence can include straight jail time, straight probation, or a combination of jail and probation.
Straight Jail Time
Straight jail time means you are sentenced to a term of jail time without any probation following. For example, in a plea to a felony drug offense with a possible sentence of 2 to 15 years, assume the judge imposes a 4 year jail sentence. This is straight jail time. No probation is involved. Once your 4 year term is up, you are no longer under any court ordered supervision.
Straight probation means you are sentenced to a term of probation that includes no jail time. For example, in a plea to a felony drug offense with a possible sentence of 2 to 15 years, assume the judge allows you to serve your entire sentence on probation. If you never violate the terms of your probation, you will never spend one day in jail. One caveat, it is possible to be placed in a State Detention Center as a condition of probation. This confinement usually lasts only a few months. Although technically this is probation and not jail, you are in a State Institution and cannot leave.
Combination of Jail and Probation
A combination of jail and probation is just as it sounds. Using the above example, assume the judge imposes a 4 year sentence with the first 2 years to be served in confinement (jail) and the last 2 years served on probation. Once your jail sentence is up, you will report to your probation officer and serve the remainder of the sentence on probation.
THREE TYPES OF PROBATION
Generally speaking, three types of probation exist. These are
first offender probation
deferred adjudication for drug offenses
If you are charged with a felony, consult with your attorney to determine if First Offender Probation or Deferred Adjudication is available. If you have a prior felony or if you have already been sentenced as a first time offender, First Offender Probation will not be available.
However, even if you have a prior felony or used first offender, Deferred Adjudication could be available if you are now charged with a drug offense. This is a complicated area and you need to check with your attorney.
TERMS AND CONDITIONS OF PROBATION
The Georgia Code provides for certain terms and conditions of probation. Judges often add other terms and conditions. Some commons ones are:
Perform community service;
Banishment from the judicial circuit;
Payment of restitution;
Stay away from certain persons or places;
Ignition interlock device required on you vehicle;
Drug testing and/or treatment
Keep in mind that this is not a complete list. Judges often have fertile and creative minds when it comes to imposition of terms and conditions.
If you commit a new offense or fail to do something that is required of you, your probation officer will probably issue a warrant to revoke your probation.
08-28-2004, 06:46 PM
FIRST OFFENDER PROBATION IN GEORGIA
Unless you commit a violent crime, you might qualify for First Offender probation. The big advantage of First offender probation is that if you successfully complete First Offender probation, for most eventualities, you do not have a conviction on your record. If you receive First Offender probation on a drug offense, you will not suffer a suspension of your driver's license.
To qualify for First Offender probation, you must not have a prior felony conviction, you cannot be charged with a violent felony, you must be advised of the advantages and disadvantages of First Offender treatment, you must ask the judge for it. The judge must review your record and consider all circumstances before allowing you to be placed on First Offender probation.
However, there is a potential downside to First Offender Probation. Let us assume that your offense has a potential sentence of 15 years. You receive a sentence of 8 years First Offender Probation. If you violate any of the terms and conditions of your probation, the judge can revoke, modify, or continue the probation.
Here's the bad part: The judge can enter an adjudication of guilt. If he does so, he can not only revoke your probation, he can sentence you up to the full sentence allowed by law. In this example, that would be a sentence of 15 years less credit for any amount of time served on probation.
Keep in mind that if you were sentenced to regular probation of 8 years, and if you violated your probation, the most the judge could revoke is the balance you have remaining.
If you are sentenced as a First Offender in Georgia, the following states will supervise this type of probation:
Note that First Offender treatment is specifically prohibited by law for DUI cases
08-28-2004, 06:55 PM
If you are able to get first offender traetment, the attorney must make sure it is part of your "deal". During that time of probabtion it will almost be like your "conviction" is on hold. If you successfully complete the probabtion then it never goes on record and if you screw up it will. While you are on probabtion it won't show up in any criminal data base so just lay low, keep it confidential and few people will ever know. Any clearances you try to get for a job, visit, etc. should go through. Just learn from this little "mistake"! Especially, crack, girl be careful! Make certain you are not going to go back to any old habits though because if you do first offender could come back to bite you back. This could even be hanging around certain people where you might be in the "wrong palce, at the wrong time". So be certain about where your'e headed with your life and all. (That is the mama in me coming out, sorry!) PM me any time you need to talk!