A friend of mine was charged with two different felony charges. One a felony possession of marijuana which he wants to use conditional discharge and the other case is a felony also but in a different district court. According to the law, will he have blown his chance if using his first offender by using the conditional discharge? If he uses conditional discharge in the first case will that mean he has a felony conviction already and not be eligible for first offender?
The short answer is YES, you can use Conditional Discharge on a drug case and First Offender on a subsequent felony. Some instances occur where the two are combined for one resolution but it does not sound like this fact scenario suggests it.
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If a person successfully completes their sentence pursuant to Conditional Discharge or First Offender, they won't have a conviction, so it is possible to try using both, but once the defendant has a conviction, they can't use it.
You mentioned district court, so if the charges are federal, then this discussion is moot. But, yes, in certain circumstances, your friend would be able to use both conditional discharge and first offender. I suggest that he contact an attorney to discuss further.
He can use both in different counties on two different cases, but he should discuss both cases with his lawyer before deciding what to do.
If both of his cases are in a Georgia State court, then yes you can use both conditional discharge commonly referred to as the "Drug First Offender Act" and also use your Felony First Offender Act. If one case is pending in Federal District Court and one in a state court you should consult with an attorney.
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