My fiance was wrongfully accused of rape in a navy court of law,i am wondering if the georgia first offender law applys to him

Asked almost 2 years ago - Atlanta, GA

Him and the girl involved are both navy and had gone out drinking together with a group of people and she was having them feel her boobs and going top less throughout the night she was engaged at the time and her fiance was at home she was seen making out and rubbing down one guy that night then her and my boyfriend went back to her house to go to sleep(where he had stayed before) she wanted to snuggle then the next day she felt bad and didn't want her fiance to know and she cried rape. There was no evidence to support the claim and they still found him guilty.

Attorney answers (4)

  1. Michael Jason Rhoades

    Contributor Level 16

    4

    Lawyers agree

    Answered . First Offender can only be used in a GA court - not a military court. Also, it has to be asked for before an adjudication of guilt. Finally, it cannot be used on a rape charge.
    So, for many reasons, no the First Offender Act has no application in this situation.

  2. Joshua Mark Geller

    Contributor Level 10

    2

    Lawyers agree

    Answered . It sounds like the case was dealt with by the Navy and not a local Superior Court. The Navy and other military branches do not offer first offender treatment and, as Mr. Rhoades stated, first offender is not available for a rape charge. You may consider contacting an attorney for your boyfriend to explore appeal option and other post-conviction relief.

  3. Darrell Brinnett Reynolds Sr.

    Contributor Level 17

    2

    Lawyers agree

    Answered . Probably not if not in a Georgia Court.

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

  4. Larry David Wolfe

    Contributor Level 2

    2

    Lawyers agree

    Answered . The military courts are different from the state courts and they are even different from the civilian federal courts. Interestingly, a case prosecuted in the military or the federal courts for that matter, can also be prosecuted in the state courts in certain instances. Fortunately, Georgia has a statutory double jeopardy provision and if the alleged assault occurred in Georgia a second prosecution is not likely. In the military courts, there are also procedural differences from the state and federal court system with regard to preliminary hearings, plea bargaining and "trial" although in your fiance's situation, as with each of the other jurisdictions, he is entitled to an appeal. First offender treatment is not available in Georgia for the offense of rape, and unfortunately, even if it were, the federal and military courts do not recognize the benefits afforded by Georgia law when it comes to a first offender conviction. At sentencing in a federal district court case a first offender plea is considered a conviction in aggravation of punishment for the federal crime and a first offender plea is also considered a conviction for immigration purposes for green card holders and visiting aliens with regard to exclusion from living in or visiting this country. It seems as though, from the limited amount of information afforded in your question, that your fiance's only recourse at this point since he has been "found guilty" is to pursue the appellate process in the military court. The Jag officer that represented your fiance will best be able to advise you as to the process and time frames for that procedure.
    LDWolfe

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

Sex crimes

Sex crimes are crimes of a sexual nature, such as sexual abuse and assault, rape, statutory rape, some pornography (e.g., child pornography), and prostitution.

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