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Can my probation be concurrent?

Marietta, GA |
Filed under: Criminal defense

I am currently on first offenders probation for 3 years in Cobb county, I have been on probation for only 1 year...before II got on probation I was arrested months before in Fulton county and the case is just now being heard. The prosecutor is wanting to give me 1 year probation under first offender...so is it possible to be on probation in my home county with both cases under first offender?

Attorney Answers 5

Posted

Yes. It is possible for your probations to run concurrent, or at the same time as one another. However, you can only use your first offender once. You may be pleaing guilty under a different statute like conditional discharge assuming it is a drug or alcohol related charge, but otherwise you may want to consult with an attorney to help you with this matter. Let me know if I can help.

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4 comments

Asker

Posted

Fulton case is for theft by taking and computer forgery...so both cases can not be under the same first offender?

Justin Spizman

Justin Spizman

Posted

If you have already pled under First Offender, you would not be eligible to use it again for these charges. You can only use it for one case during your entire lifetime. Contact me if you have any other questions.

Asker

Posted

I am only trying to keep from having a felony on my background....

Asker

Posted

I am only trying to keep from having a felony on my background....

Posted

If these criminal cases occurred in Maryland the answer would be yes the probations can be concurrent. Contact an experieced criminal defense attorney to negotiate this for you.

Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

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Posted

The probations can run concurrently, but you can't be a First Offender again. The Fulton prosecutor probably doesn't know about your Cobb First Offender because, well, because it's Fulton County. The GBI would catch it when Fulton tried to add a second First Offender to your criminal history. Long story short, if you plea in Fulton you will become a convicted felon.

↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.

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Posted

You can only use F/O once.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

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Posted

You can't use the first offender option on the upcoming case. However, if the pending case is a drug case, you can use the conditional discharge statute. IF USED PROPERLY, the first offender and conditional discharge statutes give you two bites at the apple and a chance to avoid being a convicted felon. Hire local counsel quickly! Good luck.

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