100% Secure and Confidential
100% Secure and Confidential
Being charged with a crime in Georgia does not automatically mean you will emerge with a criminal record that will stay with you for the rest of your life. The state has a law that gives certain first offenders another chance and may allow them to avoid a conviction. You may get a chance to learn from your mistake without having to deal with the collateral consequences of a conviction for years to come. Reach out to a LaGrange criminal lawyer at Moffitt Law, LLC to learn whether you may qualify for the Georgia First Offender Act and how it will impact your criminal case.
Criminal Convictions Can Have Devastating Consequences
A criminal record can have several consequences on your future. Even if your conviction is a misdemeanor, people who perform a background check on you would be able to view your record. You may have difficulty finding a job or a place to live and could even have the stigma of a criminal record follow you for the rest of your life. Georgia law makes it difficult for you to have your record expunged.
Aside from being acquitted, the best outcome for you is having your case decided in a way that would not leave you with a criminal record.
The Georgia First Offender Act has been on the books since 1968. The law intends to create an alternative sentence program that would require you to deal with the repercussions of the charges while still giving you a second chance. The law does limit access to the program to those with only certain types of convictions.
The benefit of the First Offender Act is there would be no finding of guilt entered against you.
Once you complete the sentence you receive, you will be exonerated of guilt, and the case against you will be closed.
The Requirements for the First Offender Act
The First Offender Act does not preclude punishment altogether. The law still allows the judge to sentence you to a period of probation or confinement.
There are some restrictions on eligibility. An offender is not eligible for the First Time Offenders Act if they are found guilty or enter a guilty plea to the following crimes:
- A serious violent felony
- A sexual offense
- Sexual exploitation of a minor
- Electronically furnishing obscene material to a minor
- Computer pornography and child exploitation
However, you may still be eligible for the First Offender Act, even if it is not your first offense within the true meaning of the term. The law states that only those offenders who have not previously been convicted of a felony are eligible for this program.
What Happens Before Your Sentence Is Complete?
You must follow the terms imposed on you by the court while you are serving your sentence. For example, if you have been sentenced to probation, you must follow the terms of the probation.
The court could sentence you to the original punishment under the law and leave you with a criminal record if the judge determines that the following apply:
- You violate the terms of your probation before it is complete.
- You are convicted of another crime during the term of your sentence.
- You otherwise were not eligible for the program in the first place.
It is essential that you know what you are and are not allowed to do during this time.
Much depends on the discretion of the prosecutor and judge. Even if you are eligible for the First Offender Act protections, it is not required to allow you to participate. Your criminal defense attorney may need to negotiate with the prosecutor for you to be allowed into the program.
Then, a judge would impose the sentence based on their discretion. In other words, nothing is automatic, and you need an advocate throughout the process.
Get Legal Help from an Attorney in LaGrange Today
To learn more about the Georgia First Offender Act, contact an experienced criminal law attorney at Moffitt Law, LLC. We will review your case and explain your eligibility. You can schedule a free initial consultation with an attorney to discuss your case by calling us today at 762-200-2924 or by sending us a message online.
