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 Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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.
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. This is information for educational purposes only, and no attorney-client privilege exists.