Skip to main content
Larry David Wolfe

Larry Wolfe’s Answers

3 total

  • My fiance was wrongfully accused of rape in a navy court of law,i am wondering if the georgia first offender law applys to him

    Him and the girl involved are both navy and had gone out drinking together with a group of people and she was having them feel her boobs and going top less throughout the night she was engaged at the time and her fiance was at home she was seen ma...

    Larry’s Answer

    The military courts are different from the state courts and they are even different from the civilian federal courts. Interestingly, a case prosecuted in the military or the federal courts for that matter, can also be prosecuted in the state courts in certain instances. Fortunately, Georgia has a statutory double jeopardy provision and if the alleged assault occurred in Georgia a second prosecution is not likely. In the military courts, there are also procedural differences from the state and federal court system with regard to preliminary hearings, plea bargaining and "trial" although in your fiance's situation, as with each of the other jurisdictions, he is entitled to an appeal. First offender treatment is not available in Georgia for the offense of rape, and unfortunately, even if it were, the federal and military courts do not recognize the benefits afforded by Georgia law when it comes to a first offender conviction. At sentencing in a federal district court case a first offender plea is considered a conviction in aggravation of punishment for the federal crime and a first offender plea is also considered a conviction for immigration purposes for green card holders and visiting aliens with regard to exclusion from living in or visiting this country. It seems as though, from the limited amount of information afforded in your question, that your fiance's only recourse at this point since he has been "found guilty" is to pursue the appellate process in the military court. The Jag officer that represented your fiance will best be able to advise you as to the process and time frames for that procedure.
    LDWolfe

    See question 
  • Is it double jeopardy for the state to try me on the same on this crime ?

    I was charged and convicted with a misdemeanor (theft by receiving) by plea . Then months later i had a warrent out for the same case with same case number instead i was being charged with Armed robbery along with 3 other guys who was there . Is t...

    Larry’s Answer

    Generally you cannot be convicted of receiving and stealing the same property. If the facts surrounding the items you were convicted of receiving arose out of the same set of circumstances as the armed robbery for which you are now accused, I believe that you would have a plea in bar with regard to the current indictment. So the answer to your question would be yes, to the extent that your Jeopardy rights have been implicated under the 5th amendment to the United States Constitution and Article I, Section I, Paragraph XVIII of the Georgia Constitution. However, as one of the other lawyers has indicated to you, mine is a general response and not a complete answer to your inquiry, based upon the limited amount of information you have provided in the question.
    LDWolfe

    See question 
  • Can a first offender "plea" 21 years ago be used to enhance a charge 21 years later? Can a motion be filed to drop the use of it

    The Defendent has a possession of Marijuan charge whe he was 19. He used the first offenders act then. He was picked up 21 years later on conspiracy charges, and they used that FOA to enhance the conspiracy chage.

    Larry’s Answer

    The federal courts do use first offender adjudications in certain instances for sentence enhancements. It would be unlikely that it could occur however if the offense was a mere possession charge because there are time constraints on those convictions. Where people get hurt in these situations is where it was a distribution offense and a sentencing enhancement is filed by the government under section 851 of the federal code. If however it is a state enhancement, it should not be able to be used because the code section in Georgia regarding first offender specifically said at that time it was not a conviction and could not be used against you. I need to know more about the current charges; where they are; and, if you successfully completed the first offender probation. By the way it would also be important to know if the original sentence was a felony or a misdemeanor.
    Based on what I know about your current situation these are some issues I see, however, until I know more about both cases it is impossible to determine how it might play out.
    LDWolfe

    See question