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Sorry, if I am driving you crazy with my questions, but needless

to say I am worried...
Sorry, if I am driving you crazy with my questions, but needless to say I am worried I have ruined my life. Yes, this is a misdemeanor with the value at $150.00 How often do people proactively take steps like I have mentioned with counseling and educational programs completed before the trial? How often are pretrial diversions successful? How long would probation possibly be?
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Answered in 19 minutes by:
4/13/2010
JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
Verified

You need to review Georgia's first offender law.

 

O.C.G.A. § 42-8-60 states:

(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:

(1) Defer further proceeding and place the defendant on probation as provided by law; or

(2) Sentence the defendant to a term of confinement as provided by law.

Pursuant to O.C.G.A. § 42-8-62, "upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8- 63.1, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction.

 

..........................

 

As you can see, the first offender program prevents you from being convicted of any crime. This is conditioned upon you successfully completing a probationary program of approximately one year (which could also include restitution, public service, and fines of up to $1000). If you were to fail at probation you could serve up to one year in jail, however I don't see that as a real risk for you. You seem to be very concerned about this matter which indicates you will do quite well on probation.

 

You have not ruined your life. Make finding a good lawyer a priority and get them to work on setting up this deal for you. While pretrial remedial measures (such as counseling, education, etc) can be good, your first priority must be obtaining good representation that can help you minimize the damage done by this mistake.

 

Please reply if I can help further.

 

________________________

Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

 



Edited by JD on 4/13/2010 at 1:40 AM EST
JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
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