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

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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,


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