First Offenders obtain relief retroactively

Under the First Offender Act, a criminal defendant who has not been convicted of a
felony may plead guilty and be sentenced by the court. While most of these sentences involve
probation, a person can actually go to prison and still avail himself of First Offender treatment

If First Offender applies the defendant “shall be discharged without court adjudication
of guilt.” This means no conviction. However, many people over the years, who were eligible for first offender treatment, were not informed of such when their case resolved.Georgia passed a law to help these people obtain relief.  In 2015 Georgia passed OCGA 42-8-66(d) which provides: The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the court finds by a preponderance of the evidence that the defendant was eligible for sentencing under the terms of this article at the time he or she was originally sentenced, and the ends of justice and the welfare of society are served by granting such petition. The judge maintains discretion whether to grant such petitions on the basis that doing so would be in the best interest of the community. These new provisions do not apply to serious violent felonies and certain crimes of moral turpitude, specifically, crimes involving children, the elderly, and the disabled. 

If you are or know someone who might qualify for this second look at first offender, you should consider hiring an attorney.  At Kenneth R. Croy and Associates we can help you to understand your rights and pursue the proper resolution of your criminal case in Marietta or the Atlanta Area.. Please call 770-422-0574 or contact us via email to request a free initial consultation with an experienced criminal defense  attorney.