First Offense Attorney in Atlanta

 

Georgia first offenders may be able to avoid a criminal record by entering a plea under either the First Offender Act or the conditional discharge statute. Under these statutes, offenders plead guilty to their criminal charges, but their records will be expunged upon successful completion of the terms and conditions of their plea deal.

The First Offender Act is not a substitute for punishment but an alternative to a criminal conviction. In certain circumstances, individuals under the First Offender Program can be disqualified from employment in nursing homes, schools, and even law enforcement. In addition, this program is discretionary by the court. In other words, the judge doesn’t have to agree to accept a plea under the statute. Any prior conviction in the individual’s criminal history can be used when the judge considers whether to accept a plea under the First Offender Program.

In Georgia, nonviolent first-time offenders charged with misdemeanors or low-level felonies may also qualify to take part in a pretrial diversion program. This allows them to participate in classes, community service, and other types of alternative sentencing in exchange for a dismissal of their charges and a clean criminal record.

Individuals can enter a pretrial diversion program before entering a plea to the charges. Those eligible for the program are supervised for some time and required to complete certain conditions. If you fail to complete the requirements or are arrested or charged with new offenses, you can be removed from the program and prosecuted. But, if successfully completed, it can result in your charges being dismissed or reduced.

 

Who May Be Eligible for Alternative Sentencing?

There are many requirements one must fulfill to be considered for alternative sentencing. For example, an individual must not have been sentenced as a first offender. Also, they must not have serious felony convictions on their record or face charges for serious felony crimes such as child molestation, sex crimes, or crimes related to child pornography.

At The Waltman Firm, we analyze each client’s unique situation to find the best possible solution to their charges. If you meet the state’s classification of a first offender, our attorneys can help you determine which alternative sentencing option is right for you.