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.
If the possession of mj charge was a felony, then, in most states there are statutes providing for enhanced penalties for anyone with a felony conviction who is later charged with another felony. There is no time limit on these statutes.
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DUI / DWI Attorney
If the earlier charge was sentenced under the "First Offender" act and all of the terms and conditions met, then there was no conviction. It is possible that the actual discharge was never entered after the probationary period had been completed. ave your lawyer look into that for sure.
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Criminal Defense Attorney
Was the most recent case is in Federal Court? If so, that may be the reason.
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Criminal Defense Attorney
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.
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