20 years ago a Felony was reduced to a misdemeanor in a different state. A felony shoplifting charge has occurred in GA. There has been no criminal charges prior to this recent charge. Is the First offenders offer an option for this charge?
If you haven't pled to or been convicted of a felony, a first offender plea for a felony in Georgia is a potential option.
The information provided is only a general answer based on the limited facts stated in the question. This answer does not in any way constitute an attorney-client relationship. Should you wish to hire an attorney, our firm, Singleton, Pasley & Nuce, LLC, would be glad to help, as we offer legal advice in family and criminal law (in addition to personal injury, medical malpractice, social security, workers compensation, and unemployment benefits).
First Offender is a specific statutory scheme. A reduction to a lesser included offense is something completely different.
If you have not used a First Offender plea in the State of Georgia, you should be able to use a First Offender plea for this offense.
First Offender will not keep you out of jail, if jail time is sought. It will ONLY make your guilty plea appear to be no conviction at all, IF you successfully complete the terms of the plea. If you fail to complete even a single term of the plea, the plea will no longer qualify for First Offender treatment and will be entered on your record as a standard guilty plea.
Under these circumstances, yes, it sounds like a reduction and not a dismissal based on your compliance.
Yes. You may be able to use your First Offender in Georgia. However, you may also qualify for a diversion program which is a better option. Upon successful completion the diversion program will dismiss the charges against you, and remove the arrest from your record. To learn more about diversion programs in Georgia please watch my informative video at http://atlantaduilawyer.com/dui_video/diversion-program/
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.
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