what lawyer handles first offender acts

What is the First Offender Act?

The way your lawyer handles preliminary matters can set the pattern for future dealings with the government, so it is crucial for your attorney to be prepared at the outset. ... Under the First Offender Act, if you successfully complete your probation and you are a first-time offender, you may have your record sealed or expunged in many cases ...

What is first offender in Georgia?

Roberts Law Group, PLLC, assists clients with many different criminal defense matters, whether they involve a first offense or several repeat offenses. With decades of experience – including experience as a former North Carolina prosecutor – our lawyers can provide strong representation to defend your innocence or help you enter a First Offender Program.

What happens if a judge decides to treat you as a first offender?

The Dickerson Firm – DUI and Drug Defense Attorneys can take a look at your situation and provide you the legal guidance you need to resolve your first-time offense. Contact The Dickerson Firm – DUI and Drug Defense Attorneys at (678) 487-5728 or online here to schedule your free consultation with an attorney at the firm today.

How do you get a first offender sentence?

If the crime that is resolved by a First Offender Plea includes jail time, the First Offender Act will not change the custodial portion or length of time. 1st Offender is not a Get Out of Jail Card. At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws.

What is the First Offenders Act in Arkansas?

The First Offender Act is a rare and special way to enter a plea of guilty or no contest and then after a period of probation, if you apply properly, the judge dismisses and expunges the charges against you. Just because you were (or are) a first time offender does not mean that you plead under the First Offender Act.Mar 18, 2018

How does the First Offenders Act work in GA?

Under Georgia Code § 42-8-60, the First Offender Act is a sentencing option which allows a person with no prior felony convictions to dispose of their criminal case without a conviction.Jul 25, 2018

Can first offender felony be expunged in Georgia?

NOTE: If you are convicted of a crime while you are under sentence for a First Offender case, GCIC is required by law to enter a revocation on your criminal history. This does not necessarily mean you were actually revoked. Only a judge may officially revoke your First Offender status.

Can a first offender get a concealed carry permit in GA?

Georgia law specifically provides that a person who completes a first offender sentence is eligible for a weapons carry license as long as no other exceptions apply.Nov 14, 2013

What is retroactive first offender Georgia?

Just recently, the Georgia Legislature passed a bill, now Georgia Code 42-8-66, known as the retroactive first offender statute. This statute is geared towards providing first offender treatment to first-time offenders who pleaded guilty to a felony but did not know about first offender treatment.Nov 1, 2018

Does First Offender show up on background check Georgia?

While you are under sentence, your First Offender case will show up on your official criminal history report. If your First Offender status was revoked and you were convicted, the conviction will appear permanently on your record.

Will a felony show up on a background check after 10 years?

The Fair Credit Reporting Act (FCRA) allows felony arrests to be reported on background checks for seven years after release from prison. Felony convictions can be reported as far back as the employer chooses to go. Many employers check a period of five to ten years of history when hiring applicants.Oct 26, 2021

How long do felonies stay on your record in Georgia?

Felonies: Four years. Serious violent and sex-related felonies: Seven years.

How does a convicted felon get his rights back in Georgia?

A pardon in Georgia does not fully restore the rights a felon loses when suffering a conviction (although the right to vote is immediately restored upon the completion of any felony sentence): the individual affected must apply for a restoration of civil and political rights through the State Board of Pardons and ...

What state can a felon own a gun?

Today, in at least 11 states, including Kansas, Ohio, Minnesota and Rhode Island, restoration of firearms rights is automatic, without any review at all, for many nonviolent felons, usually once they finish their sentences, or after a certain amount of time crime-free.Nov 13, 2011

Can someone with a felony be around guns?

Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. However, things can get tricky if the gun is around or if the person lives with them. There are some instances where a convicted felon may be found guilty of “constructive possession” of a firearm.Sep 23, 2019

Can a non violent felon own a firearm?

No, federal law prohibits a convicted felon from owning or possessing a firearm.

What is a first offender program?

First Offender Programs are diversionary programs that offer alternative sentences to first-time misdemeanor or felony perpetrators. These programs give a second chance to people who do not have a prior criminal record. The law recognized that convicting someone of a crime when they are unlikely to re-offend can damage their life permanently.

What age do you feel when you are charged with a property crime?

If you are the parent of a minor whom the state has charged with a property crime, you probably feel gripped with anxiety. Juveniles under the age of 18 are some of the most common perpetrators of property crimes. Teenagers do not always understand the severe implications of a night of mischief.

What are the requirements for probation?

Paying a fine. Enrolling in school, staying in school or maintaining a job. Submitting to random drug tests. Accepting other conditions of probation.

Can you be placed on probation for a Class H felony?

You have never been convicted of any felony or misdemeanor involving moral turpitude. You have never been placed on probation.

What are the laws in North Carolina for domestic violence?

They cover physical assault, verbal threats and threatening actions toward an intimate partner, household member, child or other family member. A conviction for domestic violence or another form of abuse could affect not only your future, but the future of your family. Even if you are not convicted, the charges on your criminal record could be visible to potential employers, landlords and educational institutions. And you could face a protective order ( restraining order) that interferes with your life in a big way.

What happens if you are not convicted of a crime?

Even if you are not convicted, the charges on your criminal record could be visible to potential employers, landlords and educational institutions. And you could face a protective order ( restraining order) that interferes with your life in a big way.

What happens if you are on probation?

If you meet all of the terms and conditions of probation, the court will dismiss your charges. Additionally, after your charges are dismissed, you may qualify to have the offense removed from your criminal record.

What is the Georgia First Offender Act?

Often, people who make mistakes and face legal penalties are willing to take responsibility for their actions and prove they are likely not to re-offend. The Georgia legal system has recognized this and provides first-time offenders with programs to benefit them.

How long is a first offender sentence in Georgia?

Anyone who violates this will have committed a felony punishable by a prison term of up to ten years. A second conviction will result in a sentence between five and ten years. However, if the offender has previously been convicted of or on probation for a forcible felony, they will face a prison sentence of five years.

Who is Philip Kim?

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

What happens if you violate probation?

If there is a violation of the terms like committing another crime, the judge will revoke your status and you will be convicted and may face the maximum punishment for the offense (s). Upon successful completion of your probation, an Order of Discharge will be requested by the probation officer.

How long is a second conviction?

A second conviction will result in a sentence between five and ten years. However, if the offender has previously been convicted of or on probation for a forcible felony, they will face a prison sentence of five years. A person who cannot possess a firearm due to a forcible felony, is on probation as a first offender, ...

What is a forcible felony?

The term “forcible felony” is used to define any felony where violence or physical force was used. This can include murder, burglary, robbery, home invasion, kidnapping, hijacking, stalking, rape, molestation, sexual battery, arson, and so on. There are a few exceptions where people convicted of a felony may possess a firearm.

Can a felon have a firearm?

State laws throughout the United States restrict the possession of a firearm for a convicted felon, including those sentenced under the First Offender Act. However, several defenses are available to those charged with illegal possession of a firearm, including arguing against the prosecution’s claim of “knowing possession”.

What to do if you have been convicted of a crime for the first time?

The firm treats all its clients with empathy and honesty, understanding how difficult it is to navigate a first-time offense. Client satisfaction is the firm’s primary goal, and you can trust that you will be working with knowledgeable and experienced lawyers on your case.

Does Georgia have a first time offender law?

Georgia has special sentencing for first-time offenders, depending on the severity of the alleged crime. If the crime is relatively minor (not a serious crime or a violent crime), then a judge can decide whether Georgia’s First Time Offender Act will apply to the sentencing. If the crime is a first-time offense for possession of marijuana in a quantity of less than an ounce, the defendant can seek a conditional discharge.