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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114715
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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IF WHILE ON THE IRST OFFENDER ACT IN GA YOU ARE ARRESTED FOR

Resolved Question:

IF WHILE ON THE IRST OFFENDER ACT IN GA YOU ARE ARRESTED FOR ANOTHER CRIME WHAT IS THE LIKELY OUTCOME?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.

If you are convicted of another offense while on first offender probation, Georgia law (O.C.G.A. § 42-8-65(b)) requires the Georgia Crime Information Center (GCIC) to change the first offender sentence to a conviction. Also, you can be charged as a repeat offender on the second crime.


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Customer: replied 7 years ago.
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Customer: replied 7 years ago.

WHILE I UNDERSTAND IT IS LIKELY THAT THE THE CONVICTION WILL NOW APPEAR OF RECORD, IS IT LIKELY THAT THE JUDGE MAY REQUIRE THAT HE FINISH ALL OR PART OF THE PREVIOUS SENTENCE WHICH WAS REDUCED BASED UPON THE SUCCESSFUL COMPLETION OF HIS PROPBATION?

Expert:  Law Educator, Esq. replied 7 years ago.
The judge can indeed revoke or violate the probation of the person and make them serve the entire sentence that was originally imposed upon the person, but again this would be based upon a conviction for the second crime.
Customer: replied 7 years ago.
THE 1ST OFFENSE(S) WERE FELONY CHARGES...THE 2ND ARREST WAS FOR A MISDEMEANOR SHOPLIFTING CHARGE FOR WHICH HE PLEAD GUILTY TO AND ENTERED INTO A SHOPLIFTING DIVERSION PLAN THAT UPON SUCCESSFUL COMPLETION OF 1 YEAR PROBATION, 40 HOURS COMMUNITY SERVICE, 8 HOUR SHOPLIFTING CLASS, PAYMENT OF FINES, ETC. ADJUDICATION WOULD BE WITHHELD. ALL OF THE TERMS HAVE BEEN MET FOR THE 2ND OFFENSE EXCEPT THE 12 MOS OF PROBATION (BECAUSE 12 MOS HAVE NOT YET PASSED). IS IT LIKELY THE JUDGE WILL REVOKE OR VIOLATE HIS PROBATION AND MAKE HIM SERVE THE REST OF HIS TIME BASED ON THE GUILTY PLEA FOR THE 2ND OFFENSE?
Expert:  Law Educator, Esq. replied 7 years ago.
Since the second case was also a deferred adjudication, it is not likely thhe court will revoke his sentence. If they were going to revoke him, he would know by now.
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