The Georgia First Offender Plea: To Plea or Not to Plea

Georgia’s First Offender Act can be a very useful tool to avoid a criminal conviction in certain circumstances.  Often times I find myself counseling clients on the potential good or bad of “burning” their first offender plea.

O.C.G.A. (Georgia’s Code of Laws) provides for the First Offender Act under Sections 42-8-60 through 42-8-66.  Under the First Offender Act, if you have not been previously convicted of a felony, you may ask the court to treat you as a first offender if you plead, or are found guilty, or plead no contest to your criminal charges.  If the court allows a first offender plea, you may be sentenced to incarceration or probation, and have other terms and conditions placed in your sentence.  Once you successfully complete your sentence, the court will enter a discharge without any finding of guilt, and forward the information to the correct record keeping organizations.

If you successfully complete a Georgia First Offender sentence, your charges can not be held against you for most employment screening purposes.  This means that potential employers must overlook your prior charges when deciding whether or not to hire you, with a few exceptions.  Those who work around children, elderly, handicapped, and POST certified law enforcement officers may not be helped by entering a first offender plea.  Generally, the benefit of a first offender plea is self evident: it is a second chance to keep your record free and clear of a criminal conviction.

While a first offender plea can be record saver, it can also have harsh consequences for those who do not successfully complete the terms and conditions imposed by the court.  If you do not complete the sentence imposed under First Offender, the judge may sentence you to the maximum sentence allowed for the crime that you were originally charged with.  Additionally, since you have already pled, or where found guilty, you don’t get a second chance at defending yourself.  Simply put, you will immediately be resentenced, and the sentence will almost always be harsher than your First Offender plea.

If you have been charged with a felony, or even a misdemeanor crime in Georgia, speak to an experienced criminal defense attorney when deciding whether or not to seek a first offender plea.  The most common mistake I see is for people to use the plea on a relatively minor charge (misdemeanor), instead of saving it for a rainy day.  Certain drug, shoplifting, gun, and even TPO violations can all be felony charges, catching people off guard with their severity.  You only get one First Offender Plea; use it wisely.

If you or an acquaintance is facing criminal charges in Georgia, contact me to discuss potentially seeking a First Offender Plea.