Being charged with a crime in Georgia and pleading guilty to it can easily see you become a convicted felon. A felony conviction can stay with you long after your conviction—possibly for life—and continue to impact many areas of your life, including employment, housing, education, gun rights, voting rights, and more. Before pleading guilty to a felony (or a serious misdemeanor), you must work with your attorney to find ways to keep the plea of guilt from going on your record as a conviction.
The two primary ways to do this in Georgia are through either the First Offender Act (OCGA 42-8-60) and parole (OCGA 16-13-2). These two laws operate differently in Georgia, but produce the same important result: no felony conviction on your record. The downside, however, is that if you violate probation (for example, by committing a new crime) during the probation period, the court can try you again, find you guilty, and resentencing you. If you feel obligated to respect the probation period and avoid future arrests, first offenders and parole could be a good option for you. Now let’s discuss the differences between parole and first offender.
Conditional Release
This law is specifically aimed at first-time drug offenses or property offenses caused by an underlying drug problem – it does not apply to other types of crime. You may qualify for parole if you have never been convicted of a drug offense in Georgia or any other state or federal court. If the court decides to grant parole in your case, it can place you on probation for a maximum period of three years and order any treatment it deems necessary. If you complete this probationary period without violating any terms, no conviction will go on your record. You may only plead guilty under this law once.
first offender
First offender is like parole but can be used for virtually any crime except for more serious crimes like murder, rape, armed robbery and sex crimes etc. It is important to remember that granting first offender is part of the process at the discretion of the judge, and the judge may decide not to give it for any reason. However, if a Georgia defendant has not been convicted of a felony in any state and has committed a less serious felony such as drug possession or a property crime, most defendants can expect to be treated as first-time offenders. Another thing to keep in mind is that even if you have never committed a crime but have an extensive history of misdemeanor, this may be a reason why a judge decides not to give you a first-time offender. Your attorney should be prepared with an argument for the judge as to why you should receive a first offense or parole.
Which one is best?
If you plead guilty to a first-time drug offense, it’s probably better that you use the parole law than the first offender. This is for two reasons. First, the parole law says nothing about the judge giving you a jail term or jail term, and in fact most people get direct parole when they are sentenced to parole. The First Offender Act allows the judge to give you a suspended sentence, jail/prison, or a partial sentence. Second, and most importantly, you may be able to apply the First Offender Act after you have already applied parole. Once you’ve used First Offender, you’re probably less likely to get a parole. But again, this is all a matter for each individual judge.
Finally, remember that while first offenders and parole are great options for keeping your Georgia records clean, there are serious downsides to violating the terms of your probation or committing a new crime while on probation. In upcoming posts, we’ll discuss pre-trial distraction, accountability courts, and record sealing as other ways to keep your Georgia records clean.
