What Is the Georgia First Offender Act?
A first-time arrestee with no prior felony convictions may benefit from a Georgia law known as the First Offender Act, which provides an opportunity to avoid a conviction on the public record if certain conditions are met. If you may be eligible for sentencing under the First Offender Act, you should make certain that you fully understand the implications of this type of deferred adjudication before you proceed. An experienced criminal defense lawyer can help you navigate the process and understand all the benefits and consequences of the first offender process.
Eligibility For First Offender Adjudication
To be eligible for first offender adjudication, a defendant must have no prior felony convictions in Georgia or in any other state. Prior misdemeanor convictions do not disqualify a defendant from the first offender process.
The first offender process is not available to defendants charged with certain offenses, including:
- DUI / Driving Under the Influence
- Serious violent felonies, as defined in GA Code § 17-10-6.1
- Sexual offenses, as defined in GA Code § 17-10-6.2
- Certain sexually-related offenses involving minors or children
- Specific offenses committed against a law enforcement officer
A person may use the first offender provisions only one time, for either a misdemeanor or felony arrest for an eligible offense.
The First Offender Process
When a defendant wishes to be sentenced under the First Offender Act, the process typically begins with the defense attorney and prosecutor reaching a plea agreement for the defender to be treated as a first offender. That agreement is then presented to the judge for review and approval.
In first offender sentencing, the defendant pleads guilty or nolo contendere. The court imposes a sentence that includes probation and may include jail or prison time. The probation includes terms that the court determines are appropriate in the circumstances.
If the defendant successfully completes all the terms of the sentence, the Act provides a process for sealing the court records and other records of the arrest and the proceedings and restricting public access to the criminal record. The records are still available to law enforcement, certain government officials, and others in specific circumstances.
After successful completion of the first offender process, no conviction appears on the person’s public record. In completing questionnaires, the person may answer “no” when asked if they have ever been convicted of a crime. Prospective employers conducting a background check do not see any evidence of a conviction after the first offender process is completed. However, law enforcement and the court system still see the arrest and are apprised that the First Offender Act has been used. The person avoids the stigma and consequences of having a criminal record for employment, housing, financial, and other reasons.
While taking advantage of the opportunity provided by the First Offender Act can provide significant benefits after a first arrest, there are severe consequences if a person is sentenced under the Act and violates the terms of the court’s sentence.
Consequences of Violating the Terms of a First Offender Sentence
If a person commits another crime during the term of a first offender sentence or fails to abide by any of the terms of the court’s sentencing order — such as the terms of probation — the judge may revoke the first offender status, immediately find the defendant guilty of the offense charged, and enter a new sentence, up to the maximum allowable penalties for the original offense.
The conviction after a violation of a first offender sentence appears on the defendant’s public criminal record and has all the attendant lifelong consequences, in addition to the criminal penalties. In the event this situation occurs, the person does not have another chance to use the provisions of the First Offender Act.
While the First Offender Act does provide an opportunity to avoid having a conviction on your public criminal record, the ramifications of violating an order entered by the court under the Act are severe. It is critical to understand all the terms and limitations of deferred adjudication under the Act before you agree to the process.
Representation By Legal Counsel
Being sentenced under the First Offender Act is not automatic. When you have legal representation, your attorney determines whether you may be eligible for the first offender process as part of representing you. If you are, your lawyer explains all the details of the process, before you decide how to proceed. If you were arrested and think you may be eligible for the first offender process, you should contact a knowledgeable criminal defense attorney at the earliest opportunity.
If you and your lawyer decide to pursue first offender sentencing, your lawyer handles discussions with the prosecutor and represents you in court when the first offender plea deal is submitted to the judge. Throughout the process, your lawyer also prepares and files all the necessary documentation to complete the whole process.
Talk with an Experienced Georgia Criminal Defense Lawyer
Our criminal defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants on state criminal charges in northwest Georgia. Our experience includes assisting clients with deferred adjudication under the First Offender Act. If you need legal representation, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.