I get that question a lot as an Atlanta criminal defense lawyer. There are a
lot of misconceptions out there about Georgia's First Offender Act. Some people
think that getting sentenced under "First Offender" means that they
won't go to prison (You can). Others think that it means they will get a
conviction expunged (It doesn't, because a conviction is never entered).
Georgia's First Offender Act has many benefits. However, it does carry a
substantial amount of risk. The best benefit of the first offender law is that
if the defendant successfully completes the terms of his sentence and/or
probation, the case is disposed of without an adjudication of guilt. This means
that a person will not have a conviction on his record once he has finished
everything. Thus, he will not have the stigma that comes with being a convicted
felon. On a practical level, a person will still be able to vote, own a firearm
(although not while on probation), or do anything else with no restrictions on
their liberty. Most importantly, he won’t have to check the “convicted felon”
box on a job application. That’s important when you’re trying to get a job,
especially in this economy.
Although the benefits are outstanding for people who are able to complete
everything without re-offending, those who can’t may subject themselves to severe
punishment. If a person given first offender treatment and then later gets his
probation revoked, the judge may impose any sentence he was initially
authorized too, less any time already served or spent on probation. For
instance, let’s say you pled guilty to Burglary under the First Offender Act
and were sentenced to five years on probation. If you violated the terms of
probation or got convicted of another crime, the judge could take away your
first offender treatment, enter an adjudication of guilt, and then sentence you
to the maximum time. Burglary carries a twenty year sentence in Georgia. Therefore,
a judge could sentence you to twenty years in prison under this scenario, less
any time already served on probation.
However, even if you are sentenced under the First Offender Act, a judge can
still send you to prison. Everything in the previous paragraph would apply, but
you would spend a portion of your sentence in prison rather than complete
everything on probation.
In short, the First Offender Act is a great opportunity for someone who
makes a mistake in life to get a second chance without enduring the harms that
negative consequences of a felony conviction. But it is also can expose someone
to extremely harsh sentencing should they slip up a second time. Ultimately,
the decision is yours.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged
with felonies, misdemeanors, traffic and DUI charges in Atlanta,
Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal
defense lawyer Todd E. Barbee also defends people charged with crimes
in Fulton, DeKalb, Cobb, Cherokee, Clayton, Fayette, and Henry
Counties. We are available day or night, weekdays or weekends. Call
The Barbee Law Firm for a free consultation (404) 855-3838.
