My daughter is incarcerated on a drug felony and will plead the 1st offenders act when she goes to court. When she is able to come home, we assume she will be on probation. She would come to stay with me or stay at my mother's house when she gets out of jail. My boyfriend is a convicted felon from 25 years ago, not on probation or been in any other trouble after his release. (drug charges as well) My brother lives with my mother and he is a felon for forgery and theft, but he is still on probation. Can she live at either place in this situation. I understand under the convicted felons act, she will not be a felon once she completes her sentance, but what about before probation is finished?
Personal Injury Lawyer
Generally, I would say it's not a good idea for your daughter to be residing with active felons (e.g., possible risk of being caught up in matters related to those felons that aren't necessarily related to your daughter's case).
Second, it would depend on what the specific terms of her probation are, because if one of the terms is that she has to stay away from active convicted felons, she would be risking a revocation of her probation by engaging in such activity.
Personal Injury Lawyer
If she pleads guilty under the first offender act, the judge will (hopefully) accept the plea of guilty but withhold adjudication of her guilt during the course of her first offender sentence. As long as she is in compliance with the requirements of the first offender sentence (including probation terms), the case would likely be discharged without her being a convicted felon. You can view more information about the first offender act and first offender pleas in the State of Georgia on my website at http://hernanfirm.com/first-offender-pleas-in-the-state-of-georgia/ or in the legal guide on the subject available through my Avvo profile.
As another attorney suggested in response to your question, the terms of her probation may not specifically restrict her from living with a convicted felon; however, she needs to certainly avoid situations that could put her in jeopardy of violating her probation (or being accused of violating the terms based on the actions of others). It is too important for her to maintain the first offender status.
Hopefully she is represented by counsel before entering a first offender plea. She should direct her concerns and questions to her attorney who can hopefully address the issues and her concerns.
Hernan Law Firm
Telephone: (678) 275-4000
Representing criminal defense clients throughout Georgia
Free initial consultations
DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.
Family Law Attorney
The true answer to this question resides in the specifics of her probation conditions. Though First Offender will suspend adjudication of guilt, in the interim, she will be required to comply with the General Conditions of Probation. The judge could also add other conditions, including avoiding contact with individuals of known criminal convictions or others on probation/parole. Sometimes the judge could name specific people if those people are known at the time of the plea. Any infraction of those conditions could trigger a VOP. If she takes a plea under the Title 42 First Offender Statute, then the treatment could be revoked if her probation is revoked. It is important to understand the conditions of probation and adhere to each and every term therein