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If I fail a drug test in the pre trial diversion program in Georgia, can I still use a drug first offenders plea?

Athens, GA |

Im not sure that I failed the test, but I am being called into a meeting on a non-scheduled date with my officer and the only explanation I have is its possible I failed a test. What would happen?

Attorney Answers 2


  1. Lots of things COULD happen. The answer of whether you can use your FO plea is that you would still be ELIGIBLE, but FO is never guaranteed. It's not a "right." Judges can deny it.

    ↓ 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.


  2. The answer to your question is maybe. Cases where pre-trial diversion are not successfully completed are referred back to the prosecutor's office for disposition. So you would be eligible for treatment under the first offender program or perhaps even a plea under "conditional discharge." But as Mr. Steakley stated these types of plea are not guaranteed.

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