Do you always get probation when you plea first offender?

Its a felony hindering case and the D A office don't want to take it to trial?

Porterdale, GA -

Attorney Answers (3)

Noah Howard Pines

Noah Howard Pines

Criminal Defense Attorney - Atlanta, GA
Answered

No. And if they "don't want to take it to trial" why would you plead guilty?

Benjamin David Goldberg

Benjamin David Goldberg

Criminal Defense Attorney - Marietta, GA
Answered

Probation always goes hand in hand with a first offender sentence. The hindering charge is punishable by up to five years, so your probationary period will be five years or less. However, if the DA does not want a trial, there may be some issues which your lawyer can use to negotiate a better outcome for you.

Lee William Fitzpatrick

Lee William Fitzpatrick

Criminal Defense Attorney - Kennesaw, GA
Answered

More often than not a person who qualifies for first offender will not have committed a crime that would cause a DA to recommend or a judge to impose prison time, but there is no rule that a first offender will only get probation. I once got first offender treatment for a client who got a 10 year sentence.

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