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If I fail a drug test in the pre trial diversion program in Georgia, can I still use a drug first offenders plea?

Athens, GA |

Im not sure that I failed the test, but I am being called into a meeting on a non-scheduled date with my officer and the only explanation I have is its possible I failed a test. What would happen?

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Attorney answers 2


Lots of things COULD happen. The answer of whether you can use your FO plea is that you would still be ELIGIBLE, but FO is never guaranteed. It's not a "right." Judges can deny it.

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what is the likelihood that a judge would deny a FO plea?

John Arnold Steakley

John Arnold Steakley


I have no idea. Who is your judge? What does he/she think of FO pleas in general? What does he/she think of FO pleas for people who can't cut it on diversion?


The answer to your question is maybe. Cases where pre-trial diversion are not successfully completed are referred back to the prosecutor's office for disposition. So you would be eligible for treatment under the first offender program or perhaps even a plea under "conditional discharge." But as Mr. Steakley stated these types of plea are not guaranteed.

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