Can I use the first offender act twice in Georgia?

Asked almost 3 years ago - Dacula, GA

A man completed his first offender probation in 2009 for a burglary charge in south GA. He is currently facing several drug-related charges, plus theft by receiving of a firearm.

Attorney answers (3)

  1. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 19

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    Best Answer
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    Answered . I'm afraid he cannot use his First Offender Plea again. However, there are several alternative pleas that can be used in connection with drug offenses that can ultimately end up in having the charges against him dismissed. It would be a good idea for him to speak with an attorney so he can understand, and weigh, all his different options and solutions.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  2. Evan A. Watson

    Pro

    Contributor Level 13

    Answered . First Offender under Georgia law can not be used twice. However, there are drug-related alternatives potentially available. You will want an attorney to speak with you about your case and give you their opinion on whether or not a judge or prosecutor would likely allow this for someone with a record.

  3. Jessica Ruth Towne

    Pro

    Contributor Level 13

    Answered . The quick answer is, no. First offender is available for a first conviction, and in order to receive that type of treatment from a judge, one has to tell the judge that he/she has never been sentenced as a first offender anywhere. Usually, the judge has that person under oath, which means one can suffer perjury charges for falsely telling the judge that one has not been treated as a first offender before.

    I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money.... more
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