How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 34897
Experience:  30 years legal experience
Type Your Criminal Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

ga. first offenders act Georgia ------------------------------------------------------

This answer was rated:

ga. first offenders act Georgia


my son pled guilty to a first offender burglary charge, and got sentenced to 10 years to serve two years. here is my concern: he was involved in another burglary in another county before he was sentenced for this one. he has not be arrested or charged yet, but it may or may not happen. if he is arrested and charged for this one, will it nullify his first offenders act for the one he is in prison for now? in other words, will it be treated like a conviction while on first offenders act? even though it was commited prior to his latest conviction?
Good afternoon from Savannah,

I'm sorry to hear of your dilemma.

The conviction of the second burglary charge would, in all likelihood, eliminate the benefit of the First Offender's program.

Under O.C.G.A. § 42-8-60, ....Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Upon a revocation of a defendant previously sentenced under the First Offender Act, the Court which sentenced the defendant may re sentence him/her to the maximum sentence penalty allowable under the law.

I'm afraid that a subsequent conviction will nullify his First Offender's status and will result in the conviction being on his record.

I wish you and your family the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,


LawTalk and other Criminal Law Specialists are ready to help you

Related Criminal Law Questions