Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I just heard of a "conditional first offenders felony" that…

Customer Question
I just heard of a...
I just heard of a "conditional first offenders felony" that if no priors convictions you can work and pay out your probation and it will be expunged (sp?) from your record because of no priors. It is conditional however. Is this available in any state? I was told this info from a gentleman who did or is doing this but this offer was never made by the public defender that represented me? I was in court today and took a plea but knowingly this would follow me forever. Can I go back and ask about this? Do I ask the public defenders office to change this or the probation officer that I now have to meet with?
Please advise.........thank you.
Jim Gregory
email***@******.***
cell: XXX-XXX-XXXX
home: XXX-XXX-XXXX
Thank you for your response. I live in Georgia and this case was in Shelby County Alabama. They are supposed to transfer my probation to my town here in GA in Canton after the 14th of this month.
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
7/7/2010
Criminal Lawyer: xavierjd, Lawyer replied 8 years ago
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified

Thanks for using JustAnswer.com

What crime did you plead guilty to?

Thanks

Ask Your Own Criminal Law Question
Customer reply replied 8 years ago
2nd degree arson.
Criminal Lawyer: xavierjd, Lawyer replied 8 years ago

In Georgia, 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. (Emphasis supplied.) Under the plain language of this statute, a trial court is only authorized to grant first offender treatment before a defendant has been adjudicated guilty and sentenced. Lewis v. State, 217 Ga. App. 758, 759 (458 SE2d 861) (1995). (1) It follows that, once a trial court imposes a sentence, the defendant loses the opportunity to be treated as a first offender.

To qualify for First Offender probation, you must not have a prior felony conviction, you cannot be charged with a violent felony, you must be advised of the advantages and disadvantages of First Offender treatment, and you must ask the judge for it. The judge must review your record and consider all circumstances before allowing you to be placed on First Offender probation.

However, there is a potential downside to First Offender Probation. For example, assume that your offense has a potential sentence of 15 years. You receive a sentence of 8 years First Offender Probation. If you violate any of the terms and conditions of your probation, the judge can revoke, modify, or continue the probation.

Here's the bad part: The judge can enter an adjudication of guilt. If s/he does so, s/he can not only revoke your probation, s/he can sentence you up to the full sentence allowed by law. In this example, that would be a sentence of 15 years less credit for any amount of time served on probation.

Keep in mind that if you were sentenced to regular probation of 8 years, and if you violated your probation, the most the judge could revoke is the balance you have remaining.

IMPORTANT: Please note that 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.

So......as long as you haven't been sentenced yet, you need to get in contact with your attorney and ask him/her to get the judge to consider you for first offender status.

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

Ask Your Own Criminal Law Question
Customer reply replied 8 years ago

This is Georgia Law...I need Alabama Law. This case transpired in Shelby County, AL outside of Birmingham. That's the first.

2nd. What's considered a violent felony?

And last. Since I accepted this plea and probation at 11:30am central time do I have 24 hours to ask about this conditional issue before the 24 hours is up?

Answer this and I'll accept the answer.

Thanks.

Criminal Lawyer: xavierjd, Lawyer replied 8 years ago

Sorry about Georgia.

1. Alabama law also allows for a pretrial diversion for first offender felons. Just as in GA, your attorney will have to get the approval of the judge. Also, the DA may have to also accept you into the program.

2. A violent felony is one in which a weapon is used or a person is injured or killed. For example: murder, aggravated assault, domestic violence, kidnapping, etc.

3. You are not considered to be "convicted" of a crime unless you have been sentenced. There is no 24 hour rule. You do need to speak to your lawyer ASAP. If you have not been formally sentenced, your attorney may be able to ask to withdraw the plea so that the DA can review the case to see if you could be accepted in a diversion program. If the DA agrees, then that may be made part of the plea--meaning that the DA is willing to allow a diversion. Ultimately, it is up to the judge as to whether s/he will allow you to get a diversion.

*****It is important that you ask your lawyer WHY you were not informed of the possibility of diversion. You deserve an honest answer.

Below is a guide to felonies in Alabama. It is FYI.

http://felonyguide.com/Alabama-Felony.php

I hope that you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask xavierjd Your Own Question
xavierjd
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: Over 20 yrs experience in prosecution and defense work

xavierjd is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
If someone was accused for domestic violence, and accepted a
if someone was accused for domestic violence, and accepted a plea under the statute 750-812, can it be completely removed. After the 6 month probation, the defendant was told that the charges were dis… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was incarcerated. The government denies my driver's license
I was incarcerated. The government denies my driver's license unless I pay $35,000. Any precedent for this. Tennessee law… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I was in my home and arrested for indecent exposure (in GA).
I was in my home and arrested for indecent exposure (in GA). I was drunk, currently seeking counseling and caught by officers… read more
Nate
Nate
Lawyer
Juris Doctor
1,750 satisfied customers
If full restitution has been made prior to sentencing and
If full restitution has been made prior to sentencing and a class A misdemeanor has been agreed to and a probation interview has taken place. Can the judge order a 65.20 (sentence of unconditional dis… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Will my daughter be able to amend this new charge into her
Will my daughter be able to amend this new charge into her first violation on her probation since this all occurred at the time of her relapse and can her misdemeanor charges be expunged off her recor… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My Son was convicted of a crime (one which he did not commit
My Son was convicted of a crime (one which he did not commit by the way). At his trial the Judge granted him First Offender Status, meaning he is eligible for expungement of his record under Georgia L… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
i am trying to expunge my record. my disposition says Guilty
i am trying to expunge my record. my disposition says Guilty ( convicted/ Adjudicated ( 2006-08-15 Convicted) can i get that expunged?… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I was arrested in ga 9/07 first offender act the charge was
I was arrested in ga 9/07 first offender act the charge was possesion of cocaine was given 3 years probation/rehab/fine which i successfully completed. im trying to get record expunged i work in the m… read more
Meigs
Meigs
Attorney
Doctoral Degree
1,311 satisfied customers
Hello, My name is XXXXX XXXXX I have just completed FOA in
Hello, My name is XXXXX XXXXX I have just completed FOA in Georgia . I had an interstate transfer to California. I would like to get my record exponged so that I can get my civil rights back.. Can you… read more
Nate
Nate
Lawyer
Juris Doctor
1,750 satisfied customers
In 2006 I was arrested for felony possession of cocaine. I
In 2006 I was arrested for felony possession of cocaine. I pled guilty and was given the opportunity of first offenders. I went through probation and the record was expunged. I applied for a job and w… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I tried to expunge a felony charge under first offender and
Good evening. I tried to expunge a felony charge under first offender and they denied it stating this law "state vs C.S.B. 250 GA 261 (1982). Note my probation was not up until the end of April 2010 a… read more
HPlawyer
HPlawyer
Attorney at Law
Doctoral Degree
854 satisfied customers
First offender program What does that consist of probation,
First offender program What does that consist of? probation, dui school and community service?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am on 10 years first offender and have been on for almost
I am on 10 years first offender and have been on for almost 5 years. I have never got in trouble so do you think they would sponge the rest. We have alot of work at the airport and it would be easier … read more
xavierjd
xavierjd
Lawyer
Juris Doctor
3,400 satisfied customers
will a person who has 2 counts of possesion recieve the same
will a person who has 2 counts of possesion recieve the same punishment as someone wh acctully touched a child?… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
I have recently tried to have an expungement done in the state
I have recently tried to have an expungement done in the state of georgia for a crime that I was aquited for 15 years ago. The District Attorney's office denied My request. It appears to Me that this … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
how do i go about getting court record sealed or expunged
sister has drug related conviction. part of plea bargin record would be sealed after parole. what to do to get this off or sealed?… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,181 satisfied customers
I recieved a public intoxication violation in the state of
Correct. Since you were never convicted, you can check no. If a background check reveals any arrest, you can explain by letting them know that even though an arrest was made, there was no conviction. … read more
Justice For All
Justice For All
Attorney at Law
Doctoral Degree
1,346 satisfied customers
I have a question abou expungement in Louisiana. Last year i
I have a question abou expungement in Louisiana. Last year i was arrested for simple batter in Louisiana. The charges were dropped a day or two later, and I never had to go before a judge. Subsequentl… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x