I was arrested for a pedestrian under the influence and a criminal trespassing charge in the state of ga. I was wondering if I could cite the first offenders act to get those charges dropped. It is my first time ever getting arrested
This is a question for a GA attorney. In WA, there is no such crime as 'pedestrian under the influence' or 'drunk in public' any longer. Generally, a 'first time offender' treatment is just for that: for someone who has not been in criminal trouble before. If the criminal trespass and pedestrian influence charges are out of the same incident, and are not precluded offenses from 'first offender' consideration under GA, law, you may be able to qualify. In WA, there is also a sentencing/disposition option for people who are alcoholic. Talk to a GA lawyer.
First Offender is not something you invoke to get charges dropped. You use it when you think you will successfully complete a probated sentence and at the end of that sentence the record of the case is sealed and you will have no criminal history. If you have no prior convictions you are eligible for first offender. It is up to the Court as to whether to grant you first offender treatment. You really should consult with a local attorney. You may have options that are way better than a first offender probation.
This answer might depend on the jurisdiction in which you were arrested, but generally, I would not recommend using your first offender option on charges such as these. If this is in fact your first time getting arrested, there should be better options available to you in your attempt to keep this incident off of your criminal history.
Probably. The decision to accept a First Offender plea is entirely up to the judge.
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. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). 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.
If this is your first ever arrest, then you are eligible to enter a plea under First Offender. This does not mean the charges are dropped. This means you enter a plea, receive a sentence, and upon successful completion of the sentence, the arrest is then restricted from your record. It is ultimately up to the Judge whether they will accept the plea under First Offender. You only get to use this one time. Most people use it on felony cases, or really bad misdemeanor cases. All of that being said, if this is your first arrest (and first time getting in any real trouble), you should hire an attorney. There are probably other, better options for handling this matter, and getting the arrest removed from your record, than entering a plea under First Offender.
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