The primary thing to remember about the First Offender Act and conditional discharge is that being allowed to serve a sentence pursuant to either of those is because of judicial and legislative grace; at no time is a court required to permit FOA or CD status as part of the original sentence. Therefore, if a person serving a sentence pursuant to those incurs additional charges, they can be revoked & re-sentenced on the original charge up to the max sentence allowed under the law, with credit for whatever time, etc., was already served and paid. Also, as the FOA in the original case in your fiancé's situation was likely part of a sentencing or plea deal, it doesn't matter that your fiancé may be up-to-date on his probation and payment of fines, etc.; if the FOA is revoked, he faces a potential re-sentence up to 10 yrs, with credit for time served. If your fiancé does not already have an attorney, he needs to hire one or apply for a public defender immediately.
They are going to look at the circumstances of his original crime, the new charge, and how he was doing while he was on first offender probation. Also, if he has completed any requirements that he had to while on probation such as drug classes, treatment, or community service that will help him. The DA will make the decision based on all of these circumstances, and a few more minor ones.
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.
In Newton County, if the probationer gets a new misdemeanor charge while on probation, they usually revoke some of the probation. Usually, the probationer receives about 6 months of time in the PDC (where there is no credit for the time served, and no 2 for 1 credit) for a new misdemeanor. There is certainly a chance they will not revoke the First Offender, especially if this is his first probation violation in his life.
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