Q: I am 19 years old and was arrested for having a very small (about a gram) of pot on me.  What is the best and worst case scenario for my case?  Should I talk to the prosecutor alone?  I’ve heard I could plead ‘nolo’ and at least save my Georgia Driver’s License, is this true?

It is never a good idea to ‘go it alone’ when it comes to defending yourself against criminal charges in Georgia.  Prosecutors are well trained in the law, and their job security depends, to a certain degree, on convictions, not ‘cutting breaks’.  In even a seemingly simple marijuana possession charge in Georgia, there are many, many angles to be analyzed when deciding how to pursue a case.  For instance, there are sometimes pretrial diversion programs, Georgia conditional discharge pleas, and Georgia first offender pleas, which each contain unique benefits and potential pitfalls.

For Georgia drivers under 21 years old, the Georgia driver’s license suspension rules are unforgiving.  No contest pleas hardly ever save a minor’s (under 21) license, even though they would save the license of an adult.  Often times marijuana and alcohol possession charges carry a driver’s license suspension for those drivers under 21 as well.  While the Georgia Department of Driver Service has black and white rules, with hardly any flexibility, having an experienced and knowledgeable Georgia defense attorney will pay off when attempting to salvage your rights, like the right to drive.

For young clients, the goal is usually to give you a fresh start; that is, to prevent one bad decision from following you for life.  The worst thing a minor can do is to simply go into court looking for the easy way out, like a simple guilty plea.  While some courts may allow you to simply pay a fine and walk, remember: a Georgia criminal conviction is forever.  Your Georgia criminal record will memorialize your mistakes for the rest of your life, with employers, schools, and all government officials having access to your past convictions.

In 2008, Georgia DUI laws actually became tougher.  A 10 year look back window was enacted to replace the previous 5 year window.  Therefore, if you are now convicted of a DUI charge, the court will look back 10 years and hold all previous DUI convictions in the past 10 years against you.  Previous charges will increase the amount of jail time, fines, and other court ordered conditions you face.  Obviously, with a longer look back period, the chances of reoffending and falling under tougher sentencing guidelines increases.   Additionally, as of July 1, 2008, all fourth DUI convictions are considered felony charges in Georgia.

If you have been charged with multiple DUIs, pulling your official criminal history and conducting a thorough examination of your record is an essential step in defending your case.  You must know what sentencing you are looking at before making decisions about your defense options.  If you are interested in pulling your criminal record, call or visit the website of your local law enforcement agency.  For a small fee, these agencies will run your criminal history and give you a copy to provide to your lawyer.

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.

Guy Sharpe’s response: The maximum punishment for DUI, which is a misdemeanor, is one year in jail and a $1,000.00 fine. Usually plea negotiations result in the lesser included offenses being merged into the DUI, such as reckless driving, speeding and others. The DUI record will always be there, so it could affect your son’s ability to obtain certain kinds of employment and may affect his ability to get scholarships to go to school.

[tags] Georgia DUI, Georgia DUI under 21, DUI sentence, DUI punishment [/tags]